Landmark Constitutional Law Judgments in 2025 by the Supreme Court of India (Part I of IV)
by Siddharth R. Gupta* and Uddaish Palya**
Judicial Review
Delhi HC declines to interfere with Indian Dressage Team selection for 20th Asian Games; reiterates limited scope of judicial review in sports selections
Delhi High Court dismissed challenges to the Indian Dressage Team selection for the 2026 Asian Games, holding that the EFI followed the prescribed Selection Criteria and reiterating the limited scope of judicial review in sports selections.
Delhi High Court upholds ban on flavoured/ scented Tobacco, Gutka, Pan Masala; holds ‘Ban’ is a policy decision not subject to judicial review
The Delhi High Court held that Pan masala, gutka or any other form of chewing tobacco is meant for human consumption will fall under the ambit of Section 3(1)(j) of Food Safety and Standards Act, 2006.
Courts cannot prescribe qualification or declare equivalency of a course, unless the rule itself prescribes equivalency; Supreme Court reiterates
Supreme Court said that the denial of promotion was on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering”, and not because they possess a two-year diploma not three-year diploma.
Mere use of a Tamil letter in a film cannot be a ground to grant exemption from payment of Entertainment Tax; Madras High Court
Exemption from payment of Entertainment tax given to a film is a concession granted by the Government to encourage the film makers to use Tamil title for their films. Concession can never be claimed as a matter of right.
2023 SCC Vol. 2 Part 4
Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract: Scope
Tribunals have no authority to issue instructions determining dress code for appearance of Advocates: Madras High Court
Madras High Court reiterated that wearing “gown” is only optional and not mandatory before any Courts other than the Supreme Court or the High Courts. Thus, it held that the order of the National Company Law Board imposing a dress code for Advocates for appearance before the Tribunal is without authority and hence, illegal.
Explained| Justice LC Victoria Gowri appointment case vis-à-vis scope of judicial review in matters relating to appointment of High Court judges
Supreme Court said that the conduct of the judge and her/his decisions must reflect and show independence, adherence to the democratic and constitutional values. This is necessary as the judiciary holds the centre stage in protecting and strengthening democracy and upholding human rights and the Rule of law.
“An unheard claim of a woman against sexual harassment at workplace can mute others in the future,”; Delhi High Court directs Bank of Maharashtra to reinstate woman falsely accused of misconduct
The confessional statement was signed beyond the official hours in the office premises in the presence of only male witnesses.
Supreme Court lambasts the CISF constable for moral policing a couple, sets aside Gujarat High Court order reinstating him back in service
There was an apparent error of law in the order passed by the Gujarat High Court as the writ court is primarily concerned with examination of the decision-making process when a disciplinary action is challenged. Accordingly, the Supreme Court upheld the order of removal from service passed by the disciplinary authority.
Mere disagreement with decision-making process of tender authority not a reason for a Constitutional Court to interfere; Allahabad High Court allows State to go ahead with tendering process as per law
Allahabad High Court viewed that the tender authority, has been given a certain degree of leverage by the courts, being the best person to understand its requirements. Hence, a mere disagreement with the authority's decision-making process is not a reason for a constitutional court to interfere.
Judicial Process in Maharashtra Assembly Defection Case
by Vijay K. Tyagi†
Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?
Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a
Prescribing minimum qualification, selection criteria exclusively fall in the realm of the employer and its judicial review is very limited, Allahabad High Court reiterates
Allahabad High Court: In a public interest litigation petition instituted under Article 226 of the Constitution of India challenging the
Tripura High Court | Employees of statutory organizations cannot claim pensionary benefits as a matter of right
Tripura High Court: In a batch of writ petitions filed for directing the State Government to provide similar Pension benefit as granted
Interpretation of Schedule X of the Constitution vis-à-vis Disqualification; Speaker/Governor’s powers; Judicial Review: CJI led 3-judge bench refers matter to 5-judge Constitution bench
Supreme Court: The 3-judge bench of NV Ramana, CJI and Krishna Murari and Hima Kohli, JJ has referred the question relating to
Rajiv Gandhi assassination: Here’s why Supreme Court set AG Perarivalan free after 32 years of incarceration
Supreme Court: In a big relief for A.G. Perarivalan, convicted for assassination of former Prime Minister Rajiv Gandhi, the 3-judge bench of
“An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2), CrPC”, SC directs presiding officer to reconsider remission application
“Section 432 (2) of the CrPC would stand defeated if the opinion of the presiding judge becomes just another factor that may be taken into consideration by the government while deciding the application for remission.”
Acquitted in the criminal case but employer still going ahead with the disciplinary proceeding? Read the law laid down by Supreme Court
“The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment.”
Power to Transfer Cases| Can Chairman of CAT on his own motion, without any notice, transfer any case pending before one Bench for disposal to another Bench? Del HC addresses
Delhi High Court: The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., held that the Chairman of Central Administrative Tribunal