section 6a of dspe act
Case BriefsSupreme Court (Constitution Benches)

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.

Continue reading
nomination of arbitrator by ineligible persons
Case BriefsSupreme Court (Constitution Benches)

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.

Continue reading
jallikattu
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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 .

Continue reading
tussle between delhi govt and centre
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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”.

Continue reading
maharashtra political crisis
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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.

Continue reading
article 142 of indian constitution
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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

Continue reading
same-sex marriage
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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.

Continue reading
New Data Protection Bill
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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.

Continue reading
Doctrine of Group of Companies
Case BriefsSupreme Court (Constitution Benches)

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.

Continue reading
Eknath Shinde v Uddhav Thackeray
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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.

Continue reading
Bhopal Gas Tragedy
Case BriefsSupreme Court (Constitution Benches)

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.

Continue reading
Election Commission
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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.

Continue reading
Nabam Rebia
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

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.

Continue reading
Nabam Rebia
Case BriefsSupreme Court (Constitution Benches)

The Supreme court while considering the plea posed by Senior Advocate Kapil Sibal appearing on behalf of Uddhav Thackeray faction seeking reference of the Nabam Rabia judgment reserved its order dated 16-02-2023.

Continue reading
ex-communiation
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

The 5-judge Constitution Bench observed that the decision which will be rendered by the nine-Judge Bench in the Sabarimala Temple Review will have a direct impact on the questions which arise for determination in this case.

Continue reading
AIBE
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

“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.”

Continue reading
Euthanasia Judgment
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.

Continue reading
minister
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.

Continue reading
demonetisation
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

While BR Gavai, J has written the majority opinion for himself and SA Nazeer, A.S. Bopanna, V. Ramasubramanian, JJ, to uphold the legality of the 2016 demonetization, BV Nagarathna, J is the lone dissenter who has held that though demonetisation was well-intentioned and well thought of, the manner in which it was carried out was improper and unlawful.

Continue reading
Case BriefsSupreme CourtSupreme Court (Constitution Benches)

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.

Continue reading