Supreme Court Constitution Bench

Bar Council of India v. Bonnie Foi Law College, 2023 SCC OnLine SC 130

Judgment delivered on 10-02-2023

Coram: Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and J.K. Maheshwari, J.J.

Abridgment: The Constitution bench upheld the Bar Council of India’s power to conduct pre-enrolment examination i.e. All India Bar Examination. The Court observed that the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession.

The Court also laid down suggestions to the Bar Council of India regarding conduct of AIBE.

“Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half-baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time.” observed the bench.


Central Board of Dawoodi Bohra Community v. State of Maharashtra, 2023 SCC OnLine SC 129

Judgment delivered on 10-02-2023

Coram: Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and JK Maheshwari, J.J.

Abridgment: The Constitution bench referred the issue relating to ex-communication of a person from the Dawoodi Bohra community to a larger bench and has observed that the same deserves to be tagged with the review petition of the Sabarimala Temple verdict that is pending for consideration before a 9-judge bench, after noticing similarity of issues in both the matters.

The bench by a majority held that ex-communication amongst the Dawoodi Bohras forms an integral part of the management of the community. Hence, interference with the right to excommunicate amounts to interference with the right of the community to manage its own affairs in matters of religion. As the Ex-communication Act invalidates excommunication on any ground whatsoever including religious grounds, it was in clear violation of the right of the Dawoodi Bohra community guaranteed under Article 26 (b) of the Constitution of India. The Court explained that a person who is ex-communicated by the community, will not be entitled to use the common property of the community and the burial/cremation grounds of the community. In a sense, such a person will virtually become untouchable (being banished or ostracized) within the community, it will result in his civil death.


Matters Heard

Karmanya Singh Sareen v. Union of India SLP(C) 804 of 2017

Last Date of Hearing – 01-02-2023

Next Date of Hearing- 11-04-2023

Coram: K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar J.J.

Abridgment: The bench on 01-02-2023 directed WhatsApp to widely publicise its stand that its users in India do not have to accept its 2021 privacy policy in order to use the mobile application. It further stated that WhatsApp’s functionality would remain unaffected till the Data Protection bill comes into existence.


Subhash Desai v. Governor of Maharashtra Civil Writ Petition No. 493 of 2022

Last Date of Hearing – 28-02-2023

Next Date of Hearing – 01-03-2023

Coram: Dr. D.Y. Chandrachud, CJ., M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha, J.J.

Abridgment: General Secretary of the Shiv Sena, Political Party, challenged the ex-facie arbitrary, unconstitutional and illegal action of the Governor of Maharashtra for inviting Eknath Rao Sambhaji Shinde to be the Chief Minister (‘CM’) of Maharashtra.

The petitioner alleged that Eknath Shinde conspired to topple Shiv Sena Government headed by Uddhav Thackeray, President of Shiv Sena with the leaders of Bhartiya Janata Party, resulting in loss of majority.


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