Constitution Archives

We have our own doubt whether High Court can permit one of the bidder to modify its offer under Article 226: SC

“High Court has used the word writ petition is disposed of. Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition.”

Case Briefs High Courts

Sikk HC | Exercise of Writ Jurisdiction by the High Court when an efficacious, alternative remedy is available: a self imposed limitation

Sikkim High Court: Meenakshi Madan Rai, J., decided on a petition wherein the petitioner body established under the Sikkim Municipalities Act, 2007,

Case Briefs High Courts

Ori HC | Whether Proviso to Sub-Section (5) of S. 43 of Real Estate (Regulation and Development) Act, 2016 is ultravires of Constitution of India? HC denies

Orissa High Court: A Division Bench of S.K. Mishra and Savitri Ratho, JJ., dismissed the petition being devoid of merits. The instant

Op Eds OP. ED.

Judicial Review of Personal Law: Will the Phoenix (of Judicial Review) Rise from the Ashes (of Narasu Appa)

by Devanshu Sajlan*

Op Eds OP. ED.

In Constitutionalising Repugnancy under Article 254(2), the Emphasis should be on Substance over Form | G. Mohan Rao v. State of T.N.: A case comment

by Balaji Srinivasan†† and Pallavi Sengupta†

Legislation Updates Notifications

Government notifies constitution of the National Road Safety Board

The Ministry of Road Transport & Highways has notified constitution of the National Road Safety Board. The Board is responsible for promoting road

Case Briefs High Courts

MP HC | Parliament is empowered to frame law as regards conduct of elections but conducting elections is the sole responsibility of the Election Commission; Court dismisses PIL

Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ. and Vijay Kumar Shukla, J., dismissed a PIL which was filed

Case Briefs Foreign Courts

Pak SC | “Courts around the globe have a role to play in reducing effects of climate change for our generation and for generations to come”, Notification banning establishment and expansion of existing cement plants in “Negative Area” challenged; Court dismisses petition explaining environmental concerns

Supreme Court of Pakistan: The Division Bench of Manzoor Ahmad Malik and Syed Mansoor Ali Shah, JJ., heard petition which arose from

Legislation Updates Statutes/Bills/Ordinances

Constitution (One Hundred and Fifth Amendment) Act, 2021 receives President’s assent empowering States to identify SEBCs

Constitution (One Hundred and Fifth Amendment) Act, 2021 receives President’s assent on August 20, 2021. It shall come into force on such

Case Briefs Foreign Courts

Canada SC| Aboriginal people located outside Canada too can claim Aboriginal Rights under the Canadian Constitution

Supreme Court of Canada: In the instant matter, the bench of Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and

Case Briefs Supreme Court

Explained: Scope of judicial interference in election matters relating to delimitation of constituencies and allotment of seats, specifically in municipal elections

Supreme Court: The 3-judge bench of RF Nariman*, BR Gavai and Hrishikesh Roy, JJ reiterated the law relating to the bar to

Case Briefs Supreme Court

Appointment of Government official as Election Commissioner “a mockery of the constitutional mandate”; ECs must be independent: Supreme Court

“All State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”

Case Briefs Foreign Courts

Ireland SC | Whether a hospital can hold back life-prolonging treatments/ supports against the wishes of the parents of a critically injured child? || Detailed Report

Supreme Court of Ireland: While deliberating on a somber appeal of “life or death”, filed by the parents of a boy (hereinafter

Conference/Seminars/Lectures Law School News

DNLU & CAN Foundation | Online Discussion on “Parliament & the Judiciary on Constitutional Amendments: Shifting Paradigms”

Dharmashastra National Law University, Jabalpur (DNLU) in association with the Confederation of Alumni for National Law Universities Foundation (CAN Foundation), is all

Case Briefs High Courts

Jhar HC | [Article 16] Retrospective application to 103rd Amendment providing reservation to EWS cannot be permitted; Petition allowed

Jharkhand High Court: Sanjay Kumar Dwivedi J., allowing the present petition, held, “…the retrospective application of 10% EWS quota is against Articles

Case Briefs Foreign Courts

Education policy which compels schoolchildren to recite words “Almighty God, in whose hands our future lies” as part of schools’ national pledge of allegiance, violates children’s Right to Freedom of Religion| Detailed Report

Constitutional Court of Zimbabwe: While scrutinizing the constitutionality of the policy and actions of the education authorities in compelling schoolchildren to salute