Posts

Showing posts with the label Supreme Court

Courts Cannot Fix Timelines for Electoral Roll Revisions: ECI Tells Supreme Court

Image
ECI Defends Its Constitutional Authority The Election Commission of India (ECI) has categorically told the Supreme Court that courts cannot mandate fixed timelines for special intensive revisions (SIR) of electoral rolls. In an affidavit filed on Friday, the ECI asserted that such decisions lie solely within its constitutional and statutory authority , as provided under Article 324 of the Constitution , the Representation of the People Act, 1950 , and the Registration of Electors Rules, 1960 . The Commission emphasized that it enjoys complete discretion over the preparation and revision of rolls and warned that any judicial interference in fixing mandatory timelines would amount to encroachment upon its plenary powers . PIL Seeks Nationwide Special Electoral Roll Revisions The affidavit was filed in response to a public interest litigation (PIL) by advocate Ashwini Kumar Upadhyay . His petition demanded mandatory nationwide special intensive revisions , especially before parl...

Supreme Court Orders ₹25 Lakh Compensation for Over-Incarceration in Madhya Pradesh

Image
Compensation for Prolonged Detention The Supreme Court of India has ordered the state of Madhya Pradesh to pay ₹25 lakh compensation to a man who remained in prison for over four years and seven months beyond his lawful sentence . The ruling was delivered by a bench comprising Justice JB Pardiwala and Justice KV Viswanathan .

Supreme Court on Motor Accident Compensation: Key Principles and Negotiation Insights for Insurers

Image
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 Weighs Constitutional Limits on Setting Timelines for Governors and the President

Image
The Supreme Court of India is currently deliberating a significant constitutional question: whether it can prescribe fixed timelines for Governors and the President to act on state bills, despite the Constitution’s explicit language requiring them to act only “as soon as possible.” Background: The Presidential Reference under Article 143 The issue stems from an April 8 ruling by a two-judge bench of the Supreme Court that imposed deadlines — three months for the President to decide on bills and one month for governors to act on re-enacted bills. The judgment sparked intense debate, leading to a Presidential Reference under Article 143 . The reference, sent by President Droupadi Murmu in May, places 14 questions before the Court, including whether judicially crafting procedural rules where the Constitution is silent amounts to rewriting constitutional provisions . The matter is being heard by a five-judge constitution bench led by Chief Justice Bhushan R. Gavai , with Justic...

Centre Argues States Cannot Approach SC Over Governors’ Delay in Bill Assent

Image
The ongoing constitutional debate on the powers of governors and the President regarding pending state bills took a sharp turn as the Union government argued before the Supreme Court that states have no legal right to approach the top court under Article 32 to allege violation of their rights due to delayed or withheld assent. This submission came during the hearing of President Droupadi Murmu’s Article 143 reference in May, which seeks clarity on the April 8 Supreme Court ruling that prescribed timelines for the President and governors to act on pending bills. Key Arguments from the Union Government Appearing before a five-judge Constitution Bench led by Chief Justice of India Bhushan R Gavai , Solicitor General (SG) Tushar Mehta asserted that: States Cannot Claim Fundamental Rights The Constitution confers fundamental rights on citizens and individuals, not governments. A state is “the State” as defined under Article 12 and is a repository of duties , not a hold...

Horror of Crime Not Enough for Death Penalty: Supreme Court’s Emphasis on Fair Process and Constitutional Safeguards

Image
The Supreme Court of India, in a significant ruling, has reiterated that the gravity of a crime alone is insufficient to impose the death penalty unless the judicial process leading to the sentencing is scrupulously fair, transparent, and in strict compliance with constitutional safeguards . This judgment, delivered in the case involving death row convict Vasant Sampat Dupare , is a reminder of India’s strong constitutional framework that upholds life, dignity, and justice , even for those convicted of heinous crimes. The Fragility of the Death Penalty System A bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta emphasized the irreversible nature of capital punishment and the risk of wrongful convictions. The judgment pointed out that investigations in India often rely on confessions extracted under opacity, contested recoveries, and forensic material of doubtful rigor , which when coupled with an overburdened trial system, increases the risk of errors. “A Constituti...

Supreme Court Upholds Calcutta High Court Order Cancelling Recruitment of Over 25,000 Staff in West Bengal Schools

Image
Introduction The Supreme Court of India has upheld the Calcutta High Court’s decision to cancel the recruitment of over 25,000 teachers and non-teaching staff in West Bengal’s state-run and aided schools. The apex court found that the recruitment process conducted by the West Bengal School Service Commission (SSC) in 2016 was marred by large-scale fraud and manipulation , rendering it tainted beyond repair . Court’s Observations on Manipulation and Fraud A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar ruled that the entire selection process was fraudulent and manipulated , making it impossible to rectify. The Supreme Court stated that the cover-up attempts further dented the credibility of the recruitment process . The judgment emphasized that since the appointments were the result of fraud , the candidates involved must refund the salaries and payments they had received . The Court upheld the Calcutta High Court’s direction to terminate the servi...

Supreme Court to Hear Petitions Against Election Commissioners’ Appointment Law

Image
Supreme Court to Hear Petitions Against Election Commissioners’ Appointment Law Introduction: A Landmark Hearing on Electoral Independence The Supreme Court of India is set to hear multiple petitions on Wednesday, challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 . The primary contention is that this Act excludes the Chief Justice of India (CJI) from the selection panel , raising concerns about the independence and neutrality of the Election Commission. Background: What Does the 2023 Act Change? The Chief Election Commissioner (CEC) and Other Election Commissioners Act, 2023 has replaced the earlier selection process that involved a panel comprising: ✅ Prime Minister ✅ Leader of the Opposition in Lok Sabha ✅ Chief Justice of India (as mandated by the Supreme Court in March 2023) Under the new law, the CJI has been removed , and a Union Cabinet Minister (nominated by the Prime Ministe...

Supreme Court Grants Interim Protection to YouTuber Ranveer Allahabadia, Expresses Displeasure Over Remarks

Image
Supreme Court Grants Interim Protection to YouTuber Ranveer Allahabadia, Expresses Displeasure Over Remarks The Supreme Court on Tuesday granted interim protection from arrest to YouTuber and podcaster Ranveer Allahabadia in connection with multiple FIRs filed against him across India for his controversial remarks made during a guest appearance on the show India's Got Latent . However, the court did not spare him from criticism, strongly condemning his comments and setting conditions for his protection. SC’s Interim Protection with Strict Conditions The Apex Court granted Allahabadia relief from arrest but emphasized that his protection is conditional upon full cooperation with the investigation . The Supreme Court also directed that: No further FIRs shall be registered against him based on the same episode. He must submit his passport to the police and cannot leave the country without the court’s permission. He must comply with the summons issued by the investigative a...

Supreme Court to Hear Places of Worship Act Case in April: A Detailed Analysis

Image
Supreme Court to Hear Places of Worship Act Case in April: A Detailed Analysis Introduction The Supreme Court of India has scheduled the hearing of multiple petitions challenging the Places of Worship (Special Provisions) Act, 1991 for the first week of April. The Act, which maintains the religious character of places of worship as they stood on August 15, 1947 , is under legal scrutiny for allegedly violating constitutional principles. Supreme Court’s Observations on the Case On February 12, a bench headed by Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar adjourned the hearing, noting that the case requires a three-judge bench . CJI Khanna also highlighted the increasing number of intervention applications and writ petitions related to the Act. 🔹 The court clarified that while fresh petitions would stand dismissed , new grounds could be raised in the pending matters through intervention applications. Who Filed Petitions Against the Act? Several Hind...

Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti

Image
Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti Introduction In a significant ruling, the Rouse Avenue Court in Delhi has declined to take cognizance of the charge sheet filed against AAP leader Somnath Bharti and another accused under Section 132 of the Representation of the People Act, 1951 (RP Act). The court ruled that there was insufficient evidence to establish a criminal offense, thereby dismissing the prosecution’s case. This decision comes after an FIR was registered at the South Campus Police Station in May 2024, alleging that Bharti and his associates entered polling locations and recorded poll procedures during the 2024 Lok Sabha elections . Background of the Case FIR & Allegations 🔹 The FIR was lodged based on two complaints from Presiding Officers of Polling Stations-12 & 14 , who alleged that: ✔️ Somnath Bharti and his supporters entered the polling locations while hiding their mobile phones. ✔️ An accused, Anshul , vid...

SC Rules: Only States Can Tax Lotteries – No Service Tax by Centre

Image
SC Rules: Only States Can Tax Lotteries – No Service Tax by Centre Introduction In a significant verdict , the Supreme Court of India ruled that lottery distributors are not liable to pay service tax to the Central Government . The apex court upheld the Sikkim High Court's 2012 decision , stating that only state governments have the power to impose taxes on lotteries under Entry 62, List II of the Seventh Schedule of the Constitution of India. This ruling brings clarity to the taxation of lotteries , reinforcing the exclusive authority of states over gambling-related activities. The Supreme Court's Judgment Key Observations by the Bench 🔹 The bench of Justices BV Nagarathna & N Kotiswar Singh dismissed the Centre’s appeal, citing that the Finance Act amendments of 2012, 2015, and 2016 , which sought to levy service tax on lottery distributors, were ineffective . 🔹 The SC upheld that the business of lotteries operates on a Principal-to-Principal basis , meani...

Jayalalitha’s Niece Moves Supreme Court for Release of Seized Assets

Image
Jayalalitha’s Niece Moves Supreme Court for Release of Seized Assets The legal battle over the confiscated assets of former Tamil Nadu Chief Minister J Jayalalitha has reached the Supreme Court of India . Her niece, J Deepa , has filed an appeal challenging the Karnataka High Court’s January 13 order , which declined to return the movable and immovable properties seized in the multi-crore disproportionate assets case . Deepa argues that since all criminal proceedings against Jayalalitha stood abated after her demise , the seizure of her properties is legally untenable . She has also sought an interim stay on the orders passed by both the High Court and the Special Court . Why Was Jayalalitha’s Property Seized? The assets in question were confiscated as part of the disproportionate assets case , in which Jayalalitha was accused of amassing ₹66.65 crore in wealth beyond her known sources of income during her tenure as Chief Minister (1991-1996) . 🔍 Key Allegations: 📌 Jayala...

Triple Talaq: Supreme Court Seeks Data on FIRs Filed Under the 2019 Law

Image
Triple Talaq: Supreme Court Seeks Data on FIRs Filed Under the 2019 Law The Supreme Court of India has sought an affidavit from the Centre detailing the total number of FIRs registered and charge sheets filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019 —the law that criminalizes Triple Talaq and imposes a jail term of up to three years for violators. 💡 Key Question Before the Court: Should Triple Talaq , which is already invalidated , be criminalized ? 🔍 What Is Triple Talaq? Triple Talaq , also known as Talaq-e-Biddat , is an instant divorce practice among certain sects of Indian Muslims , where a husband could unilaterally divorce his wife by simply uttering "Talaq" three times— verbally, in writing, or even over a text message! 📲📞✉️ This practice often left Muslim women in a state of social, financial, and emotional turmoil with no legal recourse . ⚖️ Supreme Court’s Intervention & the 2019 Law 🔹 August 22, 2017 – The S...

SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law

Image
SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law The Case at a Glance The Supreme Court of India has directed the Central Government to respond to a petition filed by a Kerala-based Muslim woman, Safiya PM , who seeks to be governed by the Indian Succession Act, 1925 , instead of Muslim Personal Law (Sharia Law) regarding inheritance. A bench led by Chief Justice Sanjiv Khanna , along with Justices Sanjay Kumar and KV Viswanathan , has given the government four weeks to file its response, with the hearing scheduled for May 2025 . Why Is the Woman Challenging Sharia Law? The petitioner, a non-believer Muslim , argues that since she does not practice Islam, she should be governed by secular inheritance laws rather than religious laws. ✔️ Sharia Law Restriction – Under Sharia law , a Muslim individual can only bequeath one-third of their property via a will. The remaining two-thirds is distributed according to Islamic inheritance rul...

Balwant Singh Rajoana's Mercy Plea: A Case of Delayed Decision on Death Sentence

Image
Balwant Singh Rajoana's Mercy Plea: A Case of Delayed Decision on Death Sentence Introduction: The Supreme Court's Latest Directive The Supreme Court of India has directed the Central Government to decide on the mercy petition of Balwant Singh Rajoana , a death-row prisoner convicted for the assassination of former Punjab Chief Minister Beant Singh in 1995. The court has set March 18 as the deadline, warning that if no decision is taken, it will proceed to hear the matter on merits. The Assassination of Beant Singh The case stems from the August 31, 1995 , assassination of Beant Singh, orchestrated via a bomb explosion in Chandigarh. Balwant Singh Rajoana, a sympathizer of the Babbar Khalsa militant group , was convicted and sentenced to death in 2007 by a Chandigarh court. The conviction was upheld by the Punjab and Haryana High Court in 2010. Notably, Rajoana never filed an appeal against the High Court’s decision. Mercy Petition: Grounds and Delay Balwant Singh...

Supreme Court Judgment Analysis | NBCC vs. West Bengal

Image
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...

Delhi Riots Bail Hearing: ASG Opposes Bail, Highlights Right to Life and Public Safety

Image
Delhi Riots Bail Hearing: ASG Opposes Bail, Highlights Right to Life and Public Safety The ongoing legal proceedings regarding the Delhi riots of December 2019 and February 2020 took center stage in the Delhi High Court, where the police opposed the bail pleas of multiple accused individuals. The case sheds light on the intricate balance between individual rights and collective safety . Right to Life: A Comprehensive Perspective The Additional Solicitor General (ASG) Sharma , representing the Delhi police, argued vehemently against granting bail to the accused, stressing that the right to life should not be viewed solely in favor of the accused. The ASG highlighted the loss of lives during the riots, emphasizing that the victims and injured also had their right to life violated. He asserted that the violence, which led to 53 deaths and hundreds of injuries , was the result of a planned conspiracy orchestrated by forces hostile to India. Details of the Incident and Casualt...

Hindu Outfit Moves SC on Places of Worship Act: A Legal Battle for Religious Rights

Image
Hindu Outfit Moves SC on Places of Worship Act: A Legal Battle for Religious Rights Introduction to the Plea The Akhil Bhartiya Sant Samiti, a Hindu organization, has approached the Supreme Court, seeking to intervene in cases challenging the validity of the Places of Worship (Special Provisions) Act, 1991 . This legislation maintains the religious character of places of worship as they stood on August 15, 1947 , preventing alterations or disputes about their status. The Samiti's plea argues that Sections 3 and 4 of the Act infringe on fundamental rights, including the right to equality and the freedom to practice religion. Key Provisions of the Act in Question Section 3 : Prohibits converting any place of worship from one religious denomination to another. Section 4 : Bars filing legal suits or initiating proceedings to alter the religious character of any place of worship as it existed on August 15, 1947. The Act aims to ensure communal harmony by freezing the religious ...