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.
In Dheeraj Mor v. High Court of Delhi, (2020) 7 SCC 401 it was held that the members of the Judicial Service of a State could be appointed as District Judges either by way of promotion or via Limited Departmental Competitive Examination.
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The present controversy arose because the Arbitration and Conciliation Act, 1996, does not expressly empower courts to modify or vary an arbitral award, and Section 34 of the 1996 Act only confers upon courts the power to set aside an award.
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“To be a minority institution, it only had to be established by the minority and not necessarily be administered by the minority members. Minority institutions may wish to emphasise secular education and for that minority members are not needed in administration”
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“Unless and until private ownership and control of the material resources are transformed or converted into the “material resources of the community” which is a condition precedent, there cannot be distribution of the said resources by the State. Otherwise, the State would merely transfer privately owned material resources from one owner to another person, without first making it a “material resource of the community” which, is not the intent of the framers of the Constitution and neither is the same envisaged under Article 39(b).”
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The 9-Judge Bench unanimously held that Article 31-C of the Constitution remains in force to the extent that it was upheld in Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
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Nagarathna, J., was of the view that Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, did not require overruling and it continues to be good law in the context of what is comprised in the expression “industrial alcohol” and “intoxicating liquors”.
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“Section 6A of the Citizenship Act, which was meant to dispel and discourage incoming illegal immigrants, turned out to be a beacon for the illegal immigrants from Bangladesh to come into Assam, by taking advantage of the poor mechanism which is prone to open abuse.”
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This majority decision overruled Supreme Court’s 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, wherein it was held that States cannot tax industrial alcohol.
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Supreme Court affirmed that the cut-off date of 25 March 1971 is rational as on the said date, Pakistani Army launched Operation Search Light to curb Bengali nationalist movement in East Pakistan. The migrants before the operation were migrants of partition towards which India had a liberal policy. Migrants from Bangladesh after the said date were migrants of war and not partition.
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On 25-07-2024, the Supreme Court in 8:1 majority held that royalty paid by mining operators to the Central government is not a tax and that States have the power to levy cesses on mining and mineral-use activities. Whereas, Justice BV Nagarathna gave a dissenting opinion.
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“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”
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“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”
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“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”
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“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”
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Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.
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“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”.
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On 12-03-2024, SBI has furnished the electoral bonds details to the Election Commission of India in compliance with the court’s order. Subsequently, on 14-03-2024 ECI uploaded the electoral bonds data supplied by SBI on its official website.
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Supreme Court has directed Election Commission of India to compile the information and publish the details in its official website no later by 15-03-2024 by 5 PM.
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In P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626, the 5-Jugdge Bench held that the MPs and MLAs enjoyed immunity if they cast vote in the House after taking bribe for it.
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Justice Abhay S. Oka wrote the majority judgment, which was concurred by Justice Mithal through a separate judgment.
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