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Showing posts with the label Constitution of India

Judicial Independence and Supremacy of Law: Justice BV Nagarathna’s Key Address at O.P. Jindal Global University

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Supreme Court judge Justice B.V. Nagarathna delivered a significant address at the international convention titled “The Independence of Judiciary: Comparative Perspective on Rights, Institutions and Citizens” held at O.P. Jindal Global University, Sonipat. Her remarks highlighted the core elements that safeguard the rule of law in a constitutional democracy—judicial independence and supremacy of the law. Judicial Independence and Supremacy of Law: The Twin Guarantees of Rule of Law Justice Nagarathna emphasised that judicial independence and the supremacy of law function together to ensure that the rule of law remains insulated from political pressures. According to her, insulating judges from extraneous and political influences is essential to preserve the integrity of judicial decision-making. She reiterated that these two principles form the foundation of a democratic legal system and must never be taken for granted. Faith in the Constitution and Faith in the Courts Justice ...

Supreme Court Holds ECI Not at Fault for Statewide SIR in Bihar: Legal Context, Arguments, and Constitutional Framework

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Introduction: ECI Not at Fault if SIR Aim Same Across Bihar Seats The Supreme Court has clarified that the Election Commission of India (ECI) cannot be blamed for conducting a Special Intensive Revision (SIR) across the entire state of Bihar if the reasons for initiating the exercise are uniform across all constituencies . This observation came while hearing multiple petitions questioning the legality and constitutionality of the SIR process being implemented in Bihar. Understanding the SIR Exercise: Not a Routine Revision The bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted that this is not a routine annual updation of electoral rolls , but a special revision permitted under the Representation of the People Act, 1950 (ROPA). The Court stated that any process conducted by the ECI that is fair and transparent cannot be interfered with unless it is shown that the ECI lacks the legal authority to do so. Petitioners' Key Argument: SIR as an Unconst...

Supreme Court Flags Alarming Trend of Overturning Its Own Rulings

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The Supreme Court of India has raised serious institutional concerns over what it described as a “growing trend” of reopening and overturning its own judgments before differently constituted benches. The remarks came during the hearing of a plea in a 2019 West Bengal murder case, and the Court warned that repeated reversals threaten judicial discipline, legal certainty, and the constitutional principle of finality in decision-making. Case Background: Plea by Anisur Rahman The observations were made while hearing a plea filed by Anisur Rahman, an accused in a 2019 murder case in West Bengal. Rahman sought modification of a bail condition that prohibited him from leaving Kolkata. A bench of Justices Dipankar Datta and A.G. Masih refused to modify the earlier bail order passed in January, noting that the new application was filed shortly after the judge heading the earlier bench had demitted office. The Court viewed this timing as an attempt to obtain a favorable outcome due to the c...

Worship Rights Not Attached to a Particular Place: Supreme Court’s Significant Clarification

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The Supreme Court of India has reiterated a crucial constitutional principle: the right to practise religion does not guarantee access to any specific place of worship , especially when such places fall within restricted or sensitive zones , including defence establishments. This ruling came as the Court dismissed a plea seeking civilian access to a mosque located inside a military area in Chennai. Background: Mosques Inside Defence Land and Restricted Access The dispute centered around Masjid-E-Aalishaan , a mosque situated within the Usman Lane Military Quarters in Chennai . The petitioner argued that civilians were historically allowed to offer prayers there between 1877 and 2002 , and restrictions were imposed only during the Covid-19 period. The military authorities, however, denied access, stating that the mosque lies inside a restricted defence zone where entry is governed by security protocols . The petitioner challenged this denial before the Madras High Court, which di...

Supreme Court Rules: Eden Gardens Stadium Is Not a “Public Place” for Advertisement Tax Purposes

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The Supreme Court has delivered a significant judgment in a long-running dispute originating from advertisements displayed during the 1996 Wills World Cup. By affirming the 2025 Calcutta High Court order, the Court has clarified the meaning of “public place” under municipal taxation law and set important procedural standards for local authorities. Background of the Dispute The controversy dates back to advertisements displayed inside Eden Gardens Stadium during two major World Cup events: Inaugural ceremony on 11 February 1996 Semi-final match on 13 March 1996 On 27 March 1996, the Kolkata Municipal Corporation (KMC) issued a tax demand of ₹51,18,450 to the Cricket Association of Bengal (CAB) under Section 204 of the Kolkata Municipal Corporation Act, 1980, alleging that advertisements displayed inside the stadium attracted advertisement tax. CAB challenged the tax demand before the Calcutta High Court, ultimately resulting in a litigation battle that lasted nearly three d...

Supreme Court Slams Government on Quashed Provisions in Tribunal Law

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Introduction: Judicial Scrutiny Over the Tribunal Reforms Act, 2021 The Supreme Court of India has raised serious concerns over the Tribunal Reforms Act, 2021 , questioning whether the reintroduction of previously struck-down provisions amounts to legislative overreach . The Court emphasized that while Parliament has the authority to enact reforms, such changes must respect prior judicial pronouncements. The case was heard by a Bench comprising Chief Justice of India (CJI) Bhushan R. Gavai and Justice K. Vinod Chandran , who were responding to petitions challenging the constitutional validity of certain provisions in the 2021 Act. Background: The Contested Provisions and Their History The Tribunal Reforms Act, 2021 was enacted barely four months after the Supreme Court had struck down similar provisions in the Tribunal Reforms (Rationalization and Conditions of Service) Ordinance, 2021 . The main points of contention include: Tenure : The Act prescribes a four-year tenure ...

Political Storm in Maharashtra: BJP’s Strategic Edge Amid Pawar’s Land Deal Controversy

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I. Introduction: Politics of Power and Perception As Maharashtra inches closer to its crucial local body elections , the state’s political landscape is witnessing renewed turbulence. The Ajit Pawar–Parth Pawar land deal controversy has not only intensified intra-alliance tensions within the ruling Mahayuti coalition , but also given the Bharatiya Janata Party (BJP) a strategic upper hand. For the BJP, this controversy has emerged as a “handy controversy” — one that could strengthen its negotiating position in seat-sharing talks , particularly across urban centers like Pune, Pimpri-Chinchwad, Nashik, and Mumbai . II. The Ajit Pawar Land Deal Controversy Deputy Chief Minister Ajit Pawar finds himself under scrutiny after allegations surrounding a questionable Pune land transaction involving his son, Parth Pawar . According to government insiders, an inquiry committee headed by Additional Chief Secretary (Revenue) Vikas Kharge has been constituted to investigate the matter, wi...

Supreme Court Mandates Written Grounds of Arrest in All Cases: A Milestone in Constitutional Safeguards

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In a historic expansion of constitutional protections, the Supreme Court of India has held that every person arrested — regardless of the nature of the offence or the statute under which the arrest is made — must be furnished with written grounds of arrest . The ruling marks a critical evolution in Indian criminal jurisprudence, strengthening Articles 21 and 22 of the Constitution, and preventing arbitrary and unlawful detention by law enforcement agencies. Bench and Background A division bench comprising Chief Justice of India Bhushan R. Gavai and Justice A.G. Masih delivered the ruling. The case arose during the hearing of a petition filed by Mihir Shah , the accused in the July 2024 Worli BMW hit-and-run case , who contended that he was not supplied with written grounds for his arrest. While the Court clarified that its ruling would not interfere with the Bombay High Court’s order upholding Shah’s arrest, it used the occasion to address a broader constitutional issue — w...

Delhi High Court: No Law Student Can Be Barred from Exams for Lack of Attendance

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In a landmark ruling that addresses the mental health and academic rights of students, the Delhi High Court has held that no law student across India can be prevented from appearing for examinations on the ground of attendance shortage. The decision comes nearly nine years after the tragic death of Sushant Rohilla , a law student who died by suicide in 2016 after being barred from sitting for his semester exams due to insufficient attendance. Background: The Sushant Rohilla Case and Judicial Intervention In August 2016 , Sushant Rohilla , a third-year law student at Amity Law School, Delhi , took his own life after being denied permission to sit for his semester exams. His death raised serious questions about the rigidity of attendance norms and their impact on students’ mental health. Following the incident, a suo motu petition was initiated by the Supreme Court of India in September 2016 to examine the broader issue of attendance-related restrictions in law colleges. In March...

Supreme Court Clarifies Law on Property Transfers by Guardians: Minors Can Repudiate Without Court Intervention

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The Supreme Court of India has delivered a landmark judgment settling a long-standing ambiguity in property law concerning minors’ rights over property sales executed by their guardians without prior court approval. The decision, pronounced by a bench comprising Justice Pankaj Mithal and Justice PB Varale , establishes that minors, upon attaining majority, are not required to move the court to cancel such transactions — repudiation through their actions or conduct is sufficient under the Hindu Minority and Guardianship Act, 1956 . Case Background: The Dispute Over Two Plots in Karnataka The judgment arose from an appeal filed by KS Shivappa , who purchased two adjoining plots in Davanagere, Karnataka, from two brothers after they attained majority. These plots were originally purchased in 1971 by their father and natural guardian, Rudrappa , in the names of his minor sons. Soon after, Rudrappa sold both plots without obtaining the mandatory court permission required under Section 8(...

Bombay High Court Denies Bail to Serial Child Rapist: Reinforcing the Paramount Duty of Protecting Children

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Introduction In a significant ruling safeguarding the rights and safety of minors, the Bombay High Court rejected the bail plea of a 28-year-old man from Kharghar , accused of repeatedly sexually assaulting his 11-year-old niece . The judgment underscores the judiciary’s unwavering stance that protection of society and potential victims , especially children, must outweigh the personal liberty of habitual offenders under such serious charges. The bench of Justice Amit Borkar observed that granting bail to the accused would not only “send a wrong message to society” but also endanger the victim’s safety and compromise the integrity of the ongoing trial. Case Background The accused, a married man, was arrested by Panvel City Police for raping his 11-year-old niece , making this his fourth case of child sexual abuse. According to the prosecution, the accused exploited the young girl over several years, beginning when she was just 8 years old . The child’s father was incarcerate...

Karnataka Officer Suspended for Attending RSS March: Legal, Constitutional, and Political Dimensions

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The suspension of a government officer in Karnataka for participating in a Rashtriya Swayamsevak Sangh (RSS) march has sparked a statewide controversy that intertwines constitutional rights , civil service conduct norms , and political sensitivities . The issue has also reignited debate over the limits of state authority versus the fundamental rights of citizens and the neutrality expected of public servants. Background of the Case The controversy began when Praveen Kumar K.P. , a Panchayat Development Officer from Sirwar taluk in Raichur district , was suspended after being seen in RSS uniform during a route march at Lingsugur on October 12 , part of the organisation’s centenary celebrations . The suspension order, issued by IAS officer Arundhati Chandrashekar , cited violation of the Karnataka Civil Service (Conduct) Rules, 2021 , which mandate political neutrality among public officials. The officer is to remain under suspension with a subsistence allowance pending a departmen...