Bringing you the Best Analytical Legal News
This column will list all the briefs of the Constitution / Larger Benches of the Supreme Court of India.
“The 7-Judge Constitution Bench began hearing against Allahabad High Court’s decision on 09-01-2024, whereby, it was held that AMU cannot have an exclusive reservation because it is not a minority institution, within the meaning of Article 30 of the Constitution of India.”
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Calling for a collective understanding of the human rights violations perpetrated both by State and non-State actors, against the people of Kashmir, Justice Sanjay Kishan Kaul recommended the setting up of a Truth and Reconciliation Commission.
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The piece delves into Chief Justice DY Chandrachud’s deep analysis of the history of Jammu and Kashmir, how the State did not possess ‘sovereignty’ and temporary status of Article 370 and validity of the Jammu and Kashmir (Reorganisation) Act, 2019.
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“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”
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Among the three judgments, one was authored by Dr. DY Chandrachud, CJI on behalf of himself, BR Gavai and Surya Kant, JJ., while Justice Justice Kaul and Khanna, J. authored separate but concurring judgments.
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“Even though a subsidiary derives interests or benefits from a contract entered into by the company within a group, they would not be covered under the expression “claiming through or under” merely on the basis that it shares a legal or commercial relationship with the parties.”
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In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.
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Supreme Court also clarified that Section 6A of the DSPE Act is a part of the procedure only, in the form of protection to the senior government servants and does not constitute any new offence or sentence.
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Two Benches of the Supreme Court had expressed their disagreement with the view taken in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), therefore, the matter was referred to larger Bench.
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The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations .
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In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.
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The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.
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Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
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Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.
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The issue before the Supreme Court pertains to the question whether WhatsApp’s privacy policy which was introduced in January 2021 is in violation of right to privacy under Article 21 of the Constitution of India.
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Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.
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Supreme Court reserves judgement in the Maharashtra political crises after hearing rigorous, head-strong arguments from both the Shiv Sena factions for more than a month.
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The Supreme Court however, ordered that a sum of Rs 50 crore lying with the Reserve Bank of India be utilized by the Center to satisfy the pending claims, if any, in accordance with the Bhopal Gas leak Disaster Act, 1985 and schemes framed thereunder.
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The Supreme Court has directed that the Chief Election Commissioner and Election Commissioners shall appointed by the President on the advice of the Committee of the Prime Minister of India, the leader of opposition in Lok Sabha and the Chief Justice of India. This will curtail the devastating effect of continuing to leave appointments in sole hands of the Executive on Fundamental Rights and values.
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The Supreme Court held that the issue of whether a reference to a bench of 7 judges should be made cannot be considered in the abstract, isolated and divorced from the facts of the case. The bench to decide the issue, along with the merits of the case on 21-02-2023.
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