The Supreme Court is examining the extent to which courts can intervene when governors delay or refuse to act on bills passed by state assemblies. The court questioned the Centre on whether judicial review is barred in cases of gubernatorial inaction, sparking debate on the balance of power between states and the central government.
Calling itself the "custodian of the Constitution", the Supreme Court on Thursday asked if it could "sit idle" if a constitutional functionary like governor failed to discharge duties, as it reserved its verdict on the presidential reference on grant of assent to bills.
The Supreme Court has adjourned pleas challenging the appointments of the chief election commissioner (CEC) and election commissioners (ECs) under the 2023 law. The court indicated the matter would be listed after the Holi festival break due to a paucity of time. Petitioners, including the NGO Association for Democratic Reforms, argued for an urgent hearing, emphasizing the importance of the issue and the potential impact on democratic processes. The appointment of the new CEC and ECs under the 2023 law, which excludes the Chief Justice of India from the selection panel, has been a point of contention, with petitioners alleging it undermines the independence of the election commission.
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.
The observations came while upholding the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants from Bangladesh who entered Assam on or after January 1, 1966 but before March 25, 1971.
The Supreme Court has allowed podcaster Ranveer Allahbadia to travel abroad after the Assam and Maharashtra governments said the investigation against him was complete. Allahbadia, known as BeerBiceps, was booked for his comments on parents and sex on comic Samay Raina's YouTube show "India's Got Latent".
The Supreme Court has questioned the central government about the possibility of constructing a border wall to prevent illegal immigration, drawing parallels with the US border policy. The court also addressed concerns about the detention and deportation of Bengali-speaking migrant workers.
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.
The Supreme Court of India has upheld a Bombay High Court order reinstating a woman as the sarpanch of a Maharashtra village, stating that bureaucrats cannot be allowed to "frustrate grassroot democracy." The court criticized instances of bureaucrats misbehaving with elected representatives and attempting to disqualify them by reopening old cases. The case involved Kalavati Rajendra Kokale, whose resignation from the sarpanch's post was withdrawn, but the Raigad district collector declared a vacancy and conducted a fresh election. The court found the collector's actions illegal and upheld Kokale's reinstatement, highlighting the importance of respecting the democratic process and elected representatives at the grassroots level.
The Supreme Court of India has ruled that individuals affiliated with political parties are not barred from contesting elections for bar bodies. The court dismissed a PIL seeking directions to prevent such candidates, arguing that a diverse range of ideologies is essential in a democracy and that there is no law prohibiting politically active individuals from participating in bar body elections.
The bench questioned the petitioner for not moving the high court and directly coming to the apex court.
The Supreme Court has begun hearing petitions challenging the Election Commission's decision to conduct a special intensive revision exercise in Bihar ahead of elections, raising concerns about voter exclusion.
The Supreme Court has directed the Election Commission of India (ECI) to publish details of deleted names from the voters list in Bihar, along with reasons for non-inclusion, to enhance transparency in the special intensive revision (SIR) of the electoral roll.
The Centre has opposed the imposition of fixed timelines on governors and the President for decisions on bills passed by state legislatures, arguing that such constraints were intentionally omitted by the Constitution's framers.
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.
Podcaster Ranveer Allahbadia has filed an undertaking in the Supreme Court stating he will maintain decency in his shows. The undertaking was filed after the court allowed him to resume his podcast "The Ranveer Show" on March 3, subject to maintaining "morality and decency." Allahbadia, popularly known as BeerBiceps, was booked for his comments on parents and sex on comic Samay Raina's YouTube show "India's Got Latent." The Supreme Court previously called his comments "vulgar" and said he had a "dirty mind" which put society to shame.
The Supreme Court on Thursday refused to examine a public interest litigation (PIL) seeking a judicial probe into the April 22 Pahalgam terror attack in which 26 people were killed.
Underscoring the 'presumption of genuineness' of Aadhaar and voter ID, the Supreme Court on Monday refused to stay the publication of draft electoral rolls in poll-bound Bihar and said it would once and for all decide pleas against Election Commission's special intensive revision (SIR) of electoral rolls.
"There is bound to be revision," the top court said, "otherwise, how will the poll panel delete the names of those who are dead, migrated or shifted to other constituencies?"
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 Supreme Court of India directed the government to establish a legal framework to protect domestic workers and address their exploitation.
The Supreme Court has questioned the line of investigation adopted by the Haryana SIT in the case of an Ashoka University professor booked for social media posts, stating that it "misdirected itself."
The Supreme Court has directed the Indian Air Force not to release Wing Commander Nikita Pandey from service. Pandey, who participated in Operation Balakot and Operation Sindoor, was denied a permanent commission despite being an expert fighter controller. The court raised concerns about the uncertainty faced by Short Service Commission (SSC) officers who are denied permanent commissions after years of service. The court emphasized the need for a system to accommodate all suitable SSC officers in permanent commissions, highlighting the excellent performance of women officers. The court has ordered the IAF to consider Pandey's case in a second selection board and has postponed the hearing to August 6.
The Supreme Court has directed the Election Commission to provide details regarding the approximately 65 lakh voters removed from the draft electoral rolls in Bihar, a state preparing for elections. The court's order comes in response to a petition filed by an NGO challenging the Election Commission's Special Intensive Revision of electoral rolls.
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.
The Supreme Court is scheduled to hear on March 18 a plea seeking to debar from polls, candidates charged with serious offences. The plea, filed by advocate Ashwini Kumar Upadhyay, seeks directions to the Centre and the Election Commission of India (ECI) to restrain such candidates put on trial for serious offences. The plea alleges that despite recommendations of the Law Commission of India and court's previous directions, the Centre and the ECI did not act. The plea also highlights the increasing number of MPs with declared serious criminal cases since 2009, with one MP declaring 204 criminal cases against him, including culpable homicide, house trespass, robbery, criminal intimidation, etc. It claims that political parties are competing with each other in a race to the bottom as they couldn't afford to leave their competitors free to recruit persons with criminal antecedents.
A bench of Justices Surya Kant and N Kotiswar Singh was acting on a batch of pleas against the blanket ban on blood donations by such persons from the LGBTQIA+ community.
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.
Acting on the Supreme Court's direction, Haryana's Director General of Police Shatrujeet Kapur has constituted a Special Investigation Team (SIT) to investigate two FIRs against Ashoka University associate professor Ali Khan Mahmudabad. The SIT, headed by Additional Director General of Police (Crime) Mamta Singh, will include Superintendent of Police (Karnal) Ganga Ram Punia and Superintendent of Police (STF, Gurugram) Vikrant Bhushan. The SIT will expeditiously complete the investigation and submit a report at the earliest. Mahmudabad was arrested on May 18 for his social media posts on Operation Sindoor, which were alleged to have endangered the sovereignty and integrity of the country. The Supreme Court granted him interim bail on Thursday, but refused to stay the investigation.
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.
The Supreme Court on Friday directed authorities not to deport to Pakistan six members of a family, who allegedly overstayed their visa, till their citizenship claim is verified.
The Supreme Court declined to examine a plea challenging a PMLA provision, stating the issue lies in the law's abuse, not the law itself. The court allowed the petitioner to approach the High Court if procedures weren't followed.
The Supreme Court on Friday sought response of Maharashtra and Assam governments on a plea of YouTuber Ashish Chanchlani seeking to quash or transfer to Mumbai a first information report (FIR) registered in Guwahati in connection with a case of allegedly promoting obscenity in an online show.
A bench of Justices Surya Kant and N Kotiswar Singh deferred the hearing on Shah's plea after his counsel and senior advocate Maninder Singh made a request.
The Supreme Court of India has sought the government's response on a Public Interest Litigation (PIL) that challenges the appointment process of the Comptroller and Auditor General of India (CAG), arguing it's unconstitutional. The PIL, filed by the Centre for Public Interest Litigation, claims the current process, solely through executive appointment by the Prime Minister, undermines the CAG's independence and violates constitutional principles. The court, while acknowledging the importance of institutional trust, questioned the extent to which it should intervene in the appointment process and whether this would constitute rewriting constitutional provisions. The PIL suggests the CAG's appointment should be similar to other independent bodies, with a selection committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India. The case has implications for the independence and transparency of India's audit system.
The Election Commission has assured the Supreme Court that no voter's name will be deleted from the draft electoral roll in Bihar without prior notice and a fair hearing. The EC also clarified that it is not required to share separate lists of those not included in the draft rolls.
The Centre has told the Supreme Court that imposing fixed timelines on governors and the president to act on bills passed by a state Assembly would amount to one organ of the government assuming powers not vested in it by the Constitution and lead to a "constitutional disorder".
Expressing surprise over political parties not coming forward in filing objections related to 65 lakh excluded voters, the top court directed the chief electoral officer of Bihar to implead them in the court proceedings.
A bench of Justices Surya Kant and N Kotiswar Singh also questioned the authenticity of materials placed before it by petitioner Mohd Ismail and others and refused to stay any further deportation of Rohingyas saying similar relief was denied by the court.
The Tamil Nadu government has urged the Supreme Court to dismiss the Presidential reference concerning the Governor's powers to assent to bills, arguing it is an 'appeal in disguise' to overturn settled law.
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