2023 SCC Vol. 6 Part 2
Power of Indian Courts to modify an Arbitral Award: This article submits that the courts ought to have power to modify the
Election commission
Supreme Court’s Constitution bench directs appointment of CEC and EC on advise of the committee consisting of the PM, leader of opposition and the CJI
Supreme Court directs appointment of Chief Election Commissioner and Election Commissioners on advise of the committee consisting of the Prime Minister, leader of opposition and the Chief Justice of India
Top 14 Rulings from Tribunals, Commissions, Regulatory Authorities: Shiv Sena Party Symbol Dispute, Income Tax Act, Medical Negligence and more| February 2023 Roundup
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.
Supreme Court Constitution Bench 2022 Roundup & the matters to look forward to in 2023
The year 2022 has seen formation of multiple Constitution Benches and its hearings, wherein out of pending 498 Constitution Bench matters, 25
Allahabad HC restraints State Election Commission from declaring the results of Urban Local Body Elections till Dec 20
The High Court is deciding the PIL challenging Uttar Pradesh Government’s notification dated 05.12.2022, for not adhering to the Supreme Court’s directions in Suresh Mahajan v. State of Madhya Pradesh, 2022 SCC OnLine SC 589.
Allahabad High Court rejects BJP MLA Vikram Saini’s plea to suspend conviction in Muzaffarnagar Riots case
Allahabad High Court: In an appeal filed by Bharatiya Janata party MLA Vikram Singh Saini against the judgment passed by the
Supreme Court| Non-disclosure of assets in the municipal elections would also amount to ‘undue influence’ and consequently to ‘corrupt practice’
Supreme Court: In a Special leave petition under Article 136 of the Constitution against a judgment passed by the High
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
Madras High Court’s remarks harsh, metaphor inappropriate but can’t be expunged; Supreme Court junks EC’s plea seeking restrain on Media reporting Court proceedings
During the course of the hearing, the Madras High Court had allegedly orally observed that the EC is “the institution that is singularly responsible for the second wave of COVID-19” and that the EC “should be put up for murder charges”.
Ker HC| ‘Ensure ‘no double voting by any voter’; HC directs Election Commission of India to be on war footing to ensure fair and democratic election
Kerala High Court: The Division Bench comprising of S.Manikumar, CJ., and Shaji P. Chaly, J., heard the instant PIL whereby, MLA Ramesh
Madras HC | Political Party DMK challenged Constitutional Validity of S. 60(c) of Representation of the People Act 1951. Why HC held that EC provided right to use postal ballot to certain persons who otherwise would have been excluded? Know more
Madras High Court: The Division Bench of Sanjib Banerjee, CJ and Senthilkumar Ramamoorthy, J., while addressing a riveting issue wherein a political
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
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.”
Directions of ECI Regarding Protection to Election Officials Working in States/UTs
Many instances have come to the notice of the Election Commission of India wherein Chief Electoral Officers and some other officials working
Ker HC | Election Commission disqualifies candidates from participating in any election of the local body for a period of 6 years on the ground of disobedience to the whip; Writ Petition dismissed
Kerala High Court: A. Muhamed Mustaque J., upholding the decision of the Election Commission, dismissed the present Writ Petitions and clarified the
SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Priyantha Jayawardena, Vijith K. Malalgoda and Murdu
Guidelines for Conduct of General Election/Bye election during COVID-19
Election Commission of India approved the broad guidelines for conduct of general/bye-elections during the COVID-19 period. After the onset of the COVID-19
Electoral Campaigns and Freedom of Speech: The Need for a fetter
by Swarnendu Chatterjee* & Anshita Khandelwal**
AP HC | NOTA not applicable where candidate declared winner uncontested
Andhra Pradesh High Court, Amravati: A Division Bench of J.K. Maheshwari, CJ and B. Krishna Mohan, J., addressed a Public Interest Litigation
CEC & ECs to contribute to COVID Funding in the form of voluntary reduction of 30% of their basic salary from ECI for 1 year
At present, the country, as the rest of the world, is grappling with COVID-19 pandemic. It is evident that Government along with