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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 ...

The Supreme Court of India has referred a significant legal question to a larger bench —how should the income of Indians working abroad be assessed for calculating compensation in road accident cases within India? This development comes amid conflicting judicial precedents on whether to calculate compensation based on the deceased’s full foreign income or to adjust it in line with Indian cost-of-living standards. Background of the Case: The Death of Hari Shankar Brahma The matter arose from an appeal filed by the family of Hari Shankar Brahma , a 27-year-old system analyst employed with Nihaki Systems Inc., New Jersey (USA) , who tragically died in a road accident in India in 2009. At the time of his death, he earned $47,050 per year (around ₹21 lakh) . His parents and siblings sought compensation before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 . The Tribunal calculated compensation based on his US income with standard deductions, awarding ₹...

Introduction: The Case for Judicial Parity The Supreme Court of India has initiated hearings on one of the most significant reform issues concerning the district judiciary —the disparity in promotions between judges recruited as Civil Judges and those appointed as Direct District Judges . A five-judge Constitution Bench headed by Chief Justice of India (CJI) Bhushan R. Gavai , along with Justices Surya Kant, Vikram Nath, K. Vinod Chandran, and Joymalya Bagchi , is examining this anomaly, which has long been a structural imbalance in the judicial hierarchy. The issue arises from the fact that civil judges , despite decades of service, often do not reach the higher positions such as Principal District Judge (PDJ) or High Court Judge , whereas direct recruits progress faster in rank and remuneration. The Problem: Inequality in Judicial Promotions The Court highlighted the lack of equal opportunity within the judicial system, particularly in the career progression of judicial ...

Introduction: A Novel Step Toward Linguistic Precision in Justice In a landmark administrative reform, the Supreme Court of India has launched an unprecedented initiative to address one of the judiciary’s long-standing challenges — the poor quality of English translations of judicial records originally written in Indian languages . Recognising the direct impact of inaccurate translations on the dispensation of justice, the apex court has decided to engage practising lawyers as translators . This move seeks to combine legal acumen with linguistic accuracy , ensuring that translations of pleadings, judgments, and other documents preserve the “true meaning and spirit” of the original records. Background: The Problem of Inaccurate Judicial Translations The problem of inaccurate translations has persisted for decades in the Indian judicial system. Many trial court records, particularly from lower courts in states where proceedings are conducted in regional languages, reach the Supreme...

The Supreme Court of India has reignited the debate around capital punishment methods, questioning whether the colonial-era practice of death by hanging should continue to be India’s sole means of execution. On October 9, 2025 , a bench comprising Justice Vikram Nath and Justice Sandeep Mehta suggested that the Union Government should consider giving death row convicts the option to choose between hanging and lethal injection , observing that “methods of execution across the world have undergone significant change” since India codified hanging into law. The Case and the Challenge The issue arises from a petition filed by advocate Rishi Malhotra , challenging the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC) , which mandated that a person sentenced to death “shall be hanged by the neck till he is dead.” This provision has now been replaced by Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , but the method of hangin...

Background of the Case The Supreme Court of India, in Anoop Maheshwari v. Oriental Insurance Company Ltd. & Ors. (Civil Appeal Nos. 12098-12099 of 2024, decided on 4th September 2025), dealt with a compensation dispute arising from a motor accident in 2007. The claimant, a young graduate, lost his leg due to a rashly driven truck. While the Tribunal and the High Court awarded compensation under different heads, the claimant sought enhancement before the Supreme Court.

Supreme Court Judgment Analysis | NBCC vs. West Bengal Introduction This Supreme Court judgment deals with the civil appeal filed by NBCC (India) Ltd. against the State of West Bengal and others concerning the applicability and interpretation of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). Central to the case is whether registration under Section 8 of the MSMED Act is a mandatory precondition for invoking dispute resolution under Section 18. Case Overview and Facts NBCC, a government entity, entered into five construction contracts with Saket Infra Developers Pvt. Ltd. between 2015 and 2017 for projects in West Bengal. Saket Infra was registered as a small enterprise under the MSMED Act in 2016, after some of the contracts were executed. Disputes arose regarding payments, leading the enterprise to invoke Section 18 of the MSMED Act and approach the West Bengal Facilitation Council for arbitration. The appellant (NBCC) challenged the jurisdiction of th...

Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines Background In a significant judgment, the Supreme Court of India has set out guidelines to curb arbitrary demolitions, commonly referred to as "bulldozer justice." This term has emerged from instances where properties of individuals accused of crimes have been demolished without following due legal process. The ruling responds to several petitions highlighting the destruction of residential and commercial properties without prior notice, which, according to petitioners, targets marginalized and minority communities. Key Principles Addressed The Supreme Court’s decision rests on critical constitutional principles, particularly the rule of law, separation of powers, and protection of individual rights . The Court emphasized that no person should be punished without due process and that arbitrary action by the executive undermines citizens’ trust in the justice system. Justice Gavai, in del...

Supreme Court Upholds Constitutional Validity of Section 6A of Citizenship Act: Balancing Migration, Citizenship, and Cultural Identity in Assam In a recent decision, the Supreme Court of India  addressed the constitutional validity of Section 6A of the Citizenship Act, 1955 , which specifically confers citizenship on a class of migrants from Bangladesh to Assam . This ruling stems from Writ Petition No. 274 of 2009  and multiple connected petitions. Section 6A was introduced after the Assam Accord of 1985 , and has been a focal point of debate due to its implications on citizenship and its alignment with the Constitution of India . Key Issues Addressed by the Court 1. Legislative Competence of Parliament: The Court analyzed whether Parliament had the constitutional authority to enact Section 6A , given that the provision grants citizenship based on a specific timeline related to migration from Bangladesh into Assam. The petitioners contended that Section 6A altered the cut-o...

The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery In a case that reads more like the plot of a Bollywood thriller , the Supreme Court is currently examining a curious incident where a man presumed dead for 14 years  after allegedly escaping police custody was found alive . The case, dating back to 2005 , has raised questions about police misconduct, wrongful detainment, and an alleged conspiracy involving the Punjab Police . Background of the Case: The Disappearance and "Death" The saga began in August 2005 , when Hardeep Singh was arrested by Punjab Police under the Narcotic Drugs and Psychotropic Substances Act (NDPS) from Ludhiana. The very next day, the police claimed that Hardeep Singh had escaped from custody . A First Information Report (FIR) was registered under Section 224 of the IPC  against him, which deals with the escape of a person from lawful custody. His father, Naginder Singh , filed a habeas corpus petition , i...

 Supreme Court Petition Filed for SIT Formation in  Badlapur Encounter Case A petition has been filed in the Supreme Court of India seeking the formation of a Special Investigation Team (SIT) to probe the Badlapur encounter case. The petitioner, advocate Ghanshyam Upadhyay , is requesting a thorough investigation into the alleged police encounter of Akshay Anna Shinde , the main accused in the Badlapur incident, which has gained nationwide attention, especially in Maharashtra. Key Requests of the Petition The petition seeks several critical actions to ensure transparency and justice: 1. Formation of an SIT: The petitioner urges the Supreme Court to constitute an SIT to investigate the Badlapur encounter. This SIT should consist of officials of impeachable character , drawn not only from the Central Bureau of Investigation (CBI) but also from other agencies outside the direct or indirect control of the Maharashtra state government or political parties in power. 2. Retired ...

Suo Moto Cognizance: Urgent Call for Justice in  Kolkata Rape-Murder Case Supreme Court Lawyers Urge Action In a deeply distressing incident, two Supreme Court lawyers, Advocates Ujjawal Gaur and Rohit Pandey, have written to Chief Justice of India DY Chandrachud, urging the Supreme Court to take suo moto cognizance of the horrifying rape and murder of a postgraduate doctor at Kolkata's RG Kar Medical College. The lawyers emphasized the gravity of the situation, calling for the highest court to intervene immediately. A Cry for Justice The letter sent by the advocates to the Chief Justice highlights the brutal nature of the crime and the need for urgent judicial intervention. They underscored that the judiciary is viewed as the ultimate guardian of justice, and it must act swiftly to ensure that such heinous crimes do not go unpunished. The letter also called for a strong message to be sent out, emphasizing that the dignity of women and the sanctity of life must be protected with th...

Delhi Court Orders Woman to Pay Rs 15 Lakh for Defamation of Ex-Husband In a landmark judgment, Delhi's Saket District Court has ordered a woman to pay Rs 15 lakh in damages to her ex-husband for defamation and malicious litigation. The ruling, passed by District Judge Sunil Beniwal on July 29, 2024, underscores the court's stance on addressing wrongful acts regardless of gender. Defamation and Malicious Litigation The court found that the woman's actions significantly harmed her ex-husband, impacting both his personal reputation and professional growth. The man, who had sought Rs 25 lakh in damages, claimed that the defamation continued even after their divorce in 2021. He alleged that the woman sent defamatory emails to his relatives and used abusive language against him and his mother through her email accounts. Background of the Case The marriage between the parties, which began in 2001 under the Hindu Marriage Act, was dissolved in 2021 on grounds of cruelty. Despite t...