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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.
May 2023 was quite an eventful month, as the Supreme Court of India, in only 14 working days, delivered more than 100 judgments, including 4 important Constitution Bench matters and also concluded the hearing in the momentous Marriage Equality matter. While 2 judges retired and 2 joined the Bench, 3 judges due to officially retire during summer vacation, also sat in bench for the last time.
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 .
Constitution of India — Art. 226 — Maintainability of writ petition: A writ under Art. 226 against a private educational institute would
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.
April was not the regular, run-of-the-mill month for the Supreme Court of India as it not only delivered some big judgments and began hearing the momentous Marriage Equality matter but also dealt with some unusual cases like Mr Put Mine, Advocate’s appearance, Justice Gangopadhyay controversy; and case of the Judge who lost job over unprepared judgments. This Roundup covers all of that and more!
Don’t miss out on the 5-Judge Bench verdict pertaining to non-admissibility of an unstamped arbitration agreement and Constitution Bench hearing pertaining to the petitions seeking legal recognition of same sex marriage under several Acts, including the SMA, 1954, the FMA, 1969 and HMA, 1955.
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
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.
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.
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.
Justice Aniruddha Bose who celebrates his 64th birthday today, had served the High Courts of Calcutta and Jharkhand as a Judge prior to being elevated to the Supreme Court in 2019.
Don’t miss out on the Constitution bench verdicts delivered on appointment of members of the Election Commission of India and the curative petition seeking enhancement of compensation for the victims of the world’s largest industrial disaster- the Bhopal Gas Tragedy.
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.
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
Supreme Court directs appointment of Chief Election Commissioner and Election Commissioners on advise of the committee consisting of the Prime Minister, leader of opposition and the Chief Justice of India
Don’t miss out on the Constitution bench verdicts delivered on conducting All India Bar Examination and the issue relating to ex-communication of a person from the Dawoodi Bohra community. Judgments Delivered
The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.
The petitioner contended that Eknath Shinde’s appointment as the CM violates Article 164(1-B) of the Constitution and that the provisions for prevention of defection serves no purpose, as defectors were being rewarded for committing the constitutional sin of defection. The matter will next be heard on 14.02.2023.
Supreme Court took note of an undertaking given to the Ministry of Electronics and Information Technology, Government of India, on 22-05-2021, WhatsApp had given the undertaking its users in India who have not yet accepted the 2021 privacy policy would not face any disruptions in using the application. It also directed WhatsApp to abide by the undertaking till next date of hearing.