Justice Joseph, while penning the verdict, gave illustrations where the top court had resorted to giving directions, which had the colour of a legislation, if there was a void in law or no legislation.
A five-judge Constitution bench headed by Justice KM Joseph said the concepts of liberty, equality and fraternity must not be "strange bedfellows" to the ruling class.
The Supreme Court agreed to hear on Tuesday itself the bail plea of Delhi Deputy Chief Minister Manish Sisodia, who is in Central Bureau of Investigation (CBI) custody, in connection with the excise policy case.
The Supreme Court on Thursday refused to grant any interim relief and stay the Life Insurance Corporation (LIC) IPO share allotment on a batch of pleas filed by some policy holders. A bench of Justices DY Chandrachud, Surya Kant and PS Narasimha said that the court should be reluctant to grant any interim relief in matters of commercial investments and IPO. "We are not inclined to grant any interim relief", the bench said as it issued notice to the Centre and LIC on the batch of pleas seeking their response within eight weeks.
Medical seats for under-graduates and post-graduates remaining vacant in the NEET era, together with the Centre 'freezing' the number of medical colleges and seats in (Dravidian) Tamil Nadu and the launch of the PM's 'Vishwakarma Scheme' for the nation's craftsmen, are all seen as a bid to further reverse the state's progressive socio-economic agenda of and its achievements of the past hundred-plus years, argues N Sathiya Moorthy.
'Article 370 laid down the edifice of the relationship between J-K and the Union of India.' 'If you look at the Article, what is there now is a provision which states that all provisions of the Constitution of India applies to J-K.' 'The veto that the state could exercise previously on most Union laws has ended.'
Shiv Sena president Uddhav Thackeray on Tuesday expressed confidence that his faction will emerge victorious in the legal tussle with the rebel group led by Maharashtra Chief Minister Eknath Shinde.
Introducing reservations for economically weaker sections in admissions and government jobs is permissible but excluding SCs, STs and OBCs as they enjoy pre-existing benefits is to heap fresh injustice, the Supreme Court said in its minority verdict on Monday, striking down the 103rd Constitution amendment.
'Once the Hon'ble Supreme Court has declared the law, we are obliged to accept it. However, it is necessary to point out that the majority has not upheld the wisdom of the decision; nor has the majority concluded that the stated objectives were achieved,' the senior Congress leader said in a tweet.
Resisting the Supreme Court's attempt to revisit the 2016 demonetisation exercise, the government said on Friday the court cannot decide a matter when no tangible relief can be granted by way of "putting the clock back" and "unscrambling a scrambled egg".
The Supreme Court on Tuesday took serious exception to political statements being made on the sub-judice matter related to the withdrawal of four percent Muslim quota in Karnataka, saying "some sanctity needs to be maintained".
Previously, Deuba served as Nepal's prime minister four times from June 2017-February 2018, June 2004-February 2005, July 2001-October 2002 and September 1995-March 1997.
In the letter, the lieutenant governor said that in the past one week, a "gloomy face of governance" emerged in Delhi where "organised, structured and specialised administrative machinery" is yet again facing the "brunt" of "highhandedness" of the political executive.
The Supreme Court in a 4:1 majority verdict upheld the government's 2016 decision to demonetise Rs 1,000 and Rs 500 denomination notes, saying the decision-making process was not flawed.
Social changes take a "little time" and sometimes it is easier to bring a law but difficult to persuade society to change with it, the Supreme Court observed on Thursday while deliberating upon the issue relating to the dissolution of marriages.
The Centre told the Supreme Court on Wednesday any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout.
In a bid to make the guidelines on "living will" more workable and less cumbersome, the Supreme Court on Tuesday removed the condition that mandated a magistrate's approval for withdrawal or withholding of life support to a terminally ill person.
Economically Weaker Sections (EWS) have been given 10 per cent quota in admissions and jobs out of 50 per cent general category seats for the first time without eroding the "totally independent" reservation for SCs, STs and OBCs, the Centre told the Supreme Court on Tuesday.
Shiv Sena leader Eknath Shinde's faction on Thursday told the Supreme Court that pleas related to the June 2022 Maharashtra political crisis fell within the realm of politics and judiciary cannot be asked to adjudicate the issue.
Shiv Sena-Uddhav Balasaheb Thackeray leader Uddhav Thackeray on Thursday said the Supreme Court's ruling on the political crisis that led to the fall of the three-party Maha Vikas Aaghadi government led by him following a revolt by the Eknath Shinde faction reinstates trust in democracy.
The governor of a state is not empowered to enter the political arena and play a role in inter-party or intra-party disputes, the Supreme Court said on Thursday, holding that the discretion exercised by then Maharashtra Governor Bhagat Singh Koshyari asking Chief Minister Uddhav Thackeray to face a floor test was "not in accordance with law".
Several opposition MPs have petitioned President Droupadi Murmu for immediate action over social media trolling of Chief Justice of India Justice D Y Chandrachud while he was deliberating on a case related to the Governor's role in Maharashtra during the last government formation.
The Centre had, in an affidavit filed in the apex court earlier, said it had issued a letter on April 18 to all states inviting comments and views on the "seminal issue" raised in these petitions.
Justice Chandrachud will serve as the CJI for two years till November 10, 2024.
The Centre on Thursday told the Supreme Court, which is hearing arguments on a clutch of pleas seeking legal sanction for same sex marriages, that arguments about freedom of sexual orientation and autonomy may be raised in future to challenge incest prohibition.
The common man in India is bogged down by corruption and there is a need to fix accountability at all levels, the Supreme Court observed on Friday as it dealt with a petition seeking debarment of those against whom charges have been framed in criminal cases from contesting elections.
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.
What is the independence of the judiciary if independent and fearless judges are not being appointed, SC judge Rohinton Fali Nariman said.
Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of pleas seeking legal validation of same-sex marriage, that the government is positive about the suggestion for exploring administrative steps in this regard.
A five-judge Constitution bench said the SC is empowered under Article 142 of the Constitution to do complete justice.
In a big win for the Narendra Modi government, the Supreme Court in a 4:1 majority verdict on Monday gave its stamp of approval to the Centre's 2016 decision to demonetise the Rs 1,000 and Rs 500 denomination currency notes, saying the decision-making process was neither flawed nor hasty.
As judges are not elected, they do not face public scrutiny but people watch them and make assessment about them from the way they deliver justice, Law Minister Kiren Rijiju said on Monday.
The Supreme Court on Thursday said it was mystified as to how bureaucrat Arun Goel applied for voluntary retirement on November 18 last year if he was not aware about the proposal to appoint him as an election commissioner.
The court can neither rewrite nor alter provisions and the very fundamental architecture of a law as conceived at the time of its framing even by reading something into it, the Centre told the Supreme Court on Wednesday.
The AIMPLB contended that the object of the Act is to prevent disturbances of public order, maintain peace and tranquility, and strengthen the basic feature of secularism.
The Supreme Court will hear on October 12 a batch of pleas challenging the Centre's 2016 decision to demonetise currency notes of denomination Rs 500 and Rs 1000.
The Supreme Court Thursday said it may be redefining the "evolving notion of marriage" as the next step after decriminalising consensual homosexual relationship which implicitly recognised that same-sex people could live in a stable, marriage-like relationship.
The Supreme Court said on Tuesday it has to be alive to the fact that the concept of marriage has evolved and must accept the basic proposition that marriage itself is entitled to constitutional protection as it is not just a matter of statutory recognition.
The Supreme Court on Tuesday asked the Centre to clarify its stand on whether it wants to go ahead with its curative petition seeking Rs 7,844 crore as additional funds from successor firms of the US-based Union Carbide Corporation (UCC) for giving compensation to victims of the 1984 Bhopal gas tragedy.
The apex court ordered adequate steps to be taken for protecting places of worship.