Great expectations followed Justice Dr DY Chandrachud when he was elevated to the post of Chief Justice of India. As 1 year has gone by in Justice Dr Chandrachud’s 2-year tenure, one thing is clear that interesting times are afoot indeed!
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.
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.
Don’t miss out on the Constitution bench verdicts delivered on conducting All India Bar Examination and the issue relating to ex-communication of a person from the Dawoodi Bohra community. Judgments Delivered
This roundup contains many interesting rulings including the Shiv Sena Party Name and Symbol Dispute, Negligence committed by doctors and Compensation therein, Amendment to Section 178(6) of the Income Tax Act, Initiation of the Corporate Insolvency Resolution Process and more.
On the question of reference, the coram on 17-02-2023 had stated that the matter could not be decided in isolation and divorced from the facts of the case and same needed to be decided along with the merits of the case.
The Election Commission in consequence, allowed the Uddhav Thackeray faction to retain the name of ‘Shiv Sena (Uddhav Balasaheb Thackeray)’ and the symbol of ‘Flaming Torch’ as per the October 2022 interim order.
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.
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.
Senior Advocate Kapil Sibal went on to argue that the ‘rebel’ MLA’s action was a misuse of the Nabam Rebia principle as this could mean that the disqualification proceedings could be stalled by merely sending a notice seeking the Speaker’s removal. He placed heavy reliance on Article 179 and 181 and the 10th Schedule of the Constitution of India. The hearing before the Supreme Court will continue tomorrow i.e., 15-02-2023.
The petitioner contended that Eknath Shinde’s appointment as the CM violates Article 164(1-B) of the Constitution and that the provisions for prevention of defection serves no purpose, as defectors were being rewarded for committing the constitutional sin of defection. The matter will next be heard on 14.02.2023.
Bombay High Court: In a case filed seeking to quash and set aside the order dated 13-10-2022 passed by Thane
Supreme Court: In a significant development in Maharashtra’s political turmoil, the vacation Bench comprising Surya Kant and J.B. Pardiwala, JJ., directed to