SC: Religious Conversion For Reservation Benefits Violates Social Ethos Of The Policy
Purpose Of Religious Conversion Can’t Be To Derive Benefit Of Reservation, Defeats The Social Ethos Of The Policy Of Reservation: Supreme Court The Supreme Court has upheld the decision of the Madras High Court and has dismissed an appeal of a woman who although was born Christian claimed to be a Hindu to avail the […]
SC Dismisses Pleas Challenging Inclusion Of Words ‘Socialist’ & ‘Secular’ In Constitution’s Preamble
On November 25, 2024, the Supreme Court of India division bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar dismissed Writ Petitions (Civil) Nos. 645 of 2020 and 1467 of 2020, which challenged the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble to the Constitution through the 42nd Amendment. The petitions raised arguments […]
SC: Criticism of Judicial Officer Should Best Be Avoided
The Supreme Court of India recently dealt with a significant issue concerning judicial criticism. The appeal arose from adverse remarks made by the Delhi High Court against an Additional District and Sessions Judge (ASJ) in a judgment. The judgement delivered by Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih addressed the concerns raised […]
SC Grants Anticipatory Bail to Malayalam Actor Siddique
The Supreme Court bench of Justice Bela Trivedi and Justice Satish Chandra Sharma granted anticipatory bail to Malayalam actor Siddique, who was accused of rape and criminal intimidation. The complaint was lodged eight years after the incident, which allegedly occurred in 2016. The court considered the delay in filing the complaint and the complainant's failure to […]
SC: Royalty Calculation Is a Policy Matter But Discrepancies Must Be Addressed
Calculation of royalties is a policy issue, but the court must not overlook any apparent discrepancies in the calculation method: Supreme Court The three-judge bench, consisting of former Chief Justice of India, Dr. D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, considered the writ petition contesting the validity of Explanation to Rule 38 of […]
Solicitor General Calls for Reconsideration of Senior Designation Process
Solicitor General Tushar Mehta, during a hearing before the Supreme Court on 18/11/2024, suggested that the process of conferring senior advocate designations under Section 16 of the Advocates Act, 1961, requires a re-evaluation. This observation was made before a bench comprising Justice Abhay S. Oka and Justice Augustine George Masih. The case brought attention to […]
CJI Recuses from Contempt Case of Delhi Development Authority
Chief Justice of India (CJI) Sanjiv Khanna recused himself today, 18/11/2024, from hearing a contempt case involving the Delhi Development Authority (DDA) over allegations of unauthorised felling of trees in the ecologically sensitive Delhi Ridge Forest. The CJI cited a recent interaction with Delhi’s Lieutenant Governor (LG), VK Saxena, at a National Legal Services Authority […]
SC Regarding the Validity of Unilateral Appointment Clauses and Equal Treatment in Arbitration
The Supreme Court ruled that unilateral arbitrator appointment clauses violate impartiality, equal treatment, and Article 14 of the Constitution. Justice Chandrachud emphasized fair arbitration processes, while Justice Roy upheld eligible unilateral appointments, and Justice Narasimha stressed public policy compliance. Future arbitrator appointments must align with these principles. The Arbitration and Conciliation (Amendment) Act, 2015, was […]
SC Halts Punitive Demolitions: Lives, Liberty, Property Cannot Be Taken Arbitrarily
"The executive cannot replace the judiciary in performing its core functions" On November 13, 2024, the Supreme Court of India delivered a significant judgement reinforcing constitutional protections against arbitrary state actions involving property demolitions. This ruling arose from a series of petitions challenging the demolition of properties by state authorities, which were allegedly carried out […]
SC: Courts Should Be Mindful to Neutralise the effect of Wrong Interim
The Supreme Court has scrutinized the repercussions of interim orders in the admission process and its unintended financial impact on educational institutions in the case where two medical colleges were directed to keep a medical seat vacant by the Madhya Pradesh High Court, but it incurred losses as ultimately the seat remained unfilled. The bench, […]