The Centre has argued before the Supreme Court that state governments cannot use writ jurisdiction to challenge the actions of the President and Governor regarding bills passed by state assemblies, particularly concerning fundamental rights violations. The President seeks the Supreme Court's opinion on whether states can file writ petitions under Article 32 and the scope of Article 361.
The Supreme Court of India has ruled that no timelines can be imposed on governors and the president to grant assent to bills passed by state assemblies, clarifying the extent of their powers under Article 200 of the Constitution.
The Supreme Court on Monday stayed the Delhi high court's order suspending the life sentence of expelled Bharatiya Janata Party leader Kuldeep Singh Sengar in the 2017 Unnao rape case.
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 Supreme Court of India has scheduled a hearing on February 19 for pleas challenging the appointment of the Chief Election Commissioner and Election Commissioners under the 2023 law. The court emphasized the potential consequences if any action is taken before the hearing. The pleas argue that the 2023 law, which excludes the Chief Justice of India from the selection panel, undermines the independence of the Election Commission and allows for undue influence from the executive branch. The court's earlier verdict in March 2023 called for an independent selection panel comprising the Prime Minister, Leader of the Opposition, and the Chief Justice of India to ensure the integrity of the Election Commission. The case highlights concerns about the independence of India's electoral process and the potential for political influence in the appointment of key election officials.
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.
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 on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act related to the grant of Indian citizenship to illegal immigrants in Assam by a majority verdict of 4:1.
Four special benches will start functioning in the Supreme Court from next week to hear criminal appeals, direct and indirect tax and land acquisition matters and motor accident claim cases, Chief Justice of India Justice D Y Chandrachud said on Wednesday.
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.
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's opinion on the presidential reference can impact on any number of cases if and when governors, if not the President, take a literary view of the Supreme Court's 'ppinion' on their 'discretionary powers' without reference to the rider on 'reasonable time', points out N Sathiya Moorthy.
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.
A five-judge bench of the Supreme Court will consider review pleas challenging the October 2023 verdict that declined legal sanction to same-sex marriage. The review pleas will be heard in chambers on January 9, with Justice P S Narasimha being the only member of the original bench that delivered the verdict.
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 Supreme Court will hear on February 19 pleas challenging the appointments of the Chief Election Commissioner and Election Commissioners under the 2023 law. The court will take up the matter on a priority basis, after some urgent listed matters. The government has appointed a new CEC and ECs under the new law, which excludes the Chief Justice of India from the selection panel, despite a 2023 Supreme Court verdict directing the inclusion of the CJI in the panel. The petitioners argue that the exclusion of the CJI undermines the independence of the election commission.
It will be court's opinion versus the legislative power to enact law, the Supreme Court on Wednesday said as it posted the pleas challenging the appointment of the chief election commissioner and election commissioners under the 2023 law on February 4.
The Supreme Court on Thursday dismissed a batch of pleas seeking to review its October 2023 verdict declining legal sanction to same-sex marriage.
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".
The Supreme Court of India has repeatedly criticized the Enforcement Directorate (ED) for exceeding its authority and misusing its powers. The latest rebuke came on Thursday, when the court accused the agency of 'crossing all limits' in a money laundering probe against a Tamil Nadu state-run liquor retailer. This follows a string of similar observations by the Supreme Court and high courts across India, raising concerns about the ED's investigative practices and the potential for misuse of its powers.
The four names cleared by the government are justices Aniruddha Bose, A S Bopanna, B R Gavai and Surya Kant.
The CJI, who hails from Andhra Pradesh, had said in the last hearing that he belonged to both the states and suggested 'mediation' to Andhra Pradesh and Telangana for settling their dispute, saying it did not want to interfere 'unnecessarily'.
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 Supreme Court of India has stayed a Lokpal order that allowed complaints to be filed against a sitting high court judge. The court termed the order "something very, very disturbing" and a concern for the independence of the judiciary. The bench issued notices to the Centre, the Lokpal registrar, and the complainant, directing them to keep the identity of the judge confidential. The court will hear the matter again on March 18.
Highlights of the judgment pronounced by a five-judge Constitution bench of the Supreme Court that on Monday unanimously upheld the Centre's decision to abrogate provisions of Article 370 of the Constitution bestowing special status on the erstwhile state of Jammu and Kashmir.
The Supreme Court on Friday deferred the question of Aligarh Muslim University's minority status to a fresh bench and overruled the 1967 judgment that said the university cannot be considered a minority institution since it was created by a central law.
Tewari, a Congress leader and Lok Sabha MP, was appearing for former Arunachal Pradesh MLA Padi Richo, who has filed an intervention application in a batch of petitions challenging abrogation of Article 370.
Congress leader Rahul Gandhi has criticized the government's decision to appoint Gyanesh Kumar as the new Chief Election Commissioner (CEC) in the middle of the night, arguing that it is "disrespectful" and "discourteous" given the ongoing Supreme Court challenge to the selection process. Gandhi presented a dissent note to the selection committee, stating that the process violates the Supreme Court order and undermines the integrity of the electoral process.
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 has taken cognisance of the Lakhimpur Kheri incident in which eight people were killed in violence during a farmers' protest, with a bench headed by Chief Justice of India N V Ramana scheduled to hear the matter on Thursday.
Expressing displeasure over a tweet posted by a media organisation which falsely claimed that Chief Justice of India N V Ramana had met the kin of victims of Lakhmipur Kheri violence, the Supreme Court on Friday said it respects the media and their independence but this is 'not at all fair.'
The letter petition said that it be treated as a PIL and the adverse remarks made during the hearing be declared as "uncalled for."
The Supreme Court of India will examine the jurisdiction of the Lokpal, India's anti-corruption ombudsman, in entertaining complaints against sitting high court judges. The court is considering a suo motu proceeding initiated over the Lokpal's January 27 order on the issue. The case involves two complaints filed against a sitting additional judge of a high court, alleging that he influenced a judge of the subordinate judiciary and a judge of the same high court set to deal with a suit filed against the complainant by a private company.
Hailing the Supreme Court's verdict upholding the government's decision to abrogate Article 370 of the Constitution as "historic", Prime Minister Narendra Modi asserted on Monday that it is not just a legal judgment, but a "beacon of hope" and a testament to the collective resolve to build a stronger and more united India.
The Supreme Court said on Thursday that it will set up a fresh five-judge Constitution bench at an "appropriate stage" to hear pleas challenging the constitutional validity of polygamy and 'nikah halala' among Muslims.
The Supreme Court on Monday ruled the former state of Jammu and Kashmir did not have any 'internal sovereignty' that was distinguishable from the powers and privileges enjoyed by other states in the country.
The Supreme Court on Friday said it will take a decision on the early listing of petitions challenging the Centre's decision to abrogate provisions of Article 370 which had given a special status to Jammu and Kashmir.
The Supreme Court of India on Wednesday said it would consider a plea for early listing of petitions challenging the Centre's decision to abrogate provisions of Article 370 which had given special status to Jammu and Kashmir.
The Supreme Court on Friday said that it will set up a five-judge Constitution bench to hear pleas challenging the constitutional validity of polygamy and 'nikaah halala' practice among Muslims.
The apex court will have to re-constitute a five-judge bench to hear the pleas after Dussehra vacation as the ex-CJI Ramana and Justice R Subhash Reddy, who were part of the five-judge bench which had heard the pleas, have retired.
