Legislature won’t act against criminalisation of politics: SC

Source – Times of India Synopsis – According to the Supreme Court, the legislature has no power to prevent criminal from entering into politics. Introduction  Recently, the Supreme Court stated that no political party was interested in enacting legislation to decriminalize politics by prohibiting candidates against whom grave charges have been framed by the courts.… Continue reading Legislature won’t act against criminalisation of politics: SC

Judges should not act like emperors, says SC

Source: The Hindu What is the news? Supreme Court has reiterated that public officers should not be called to the court unnecessarily. The bench observed this while considering an appeal against Allahabad High Court judgment as it noticed that the High Court summoned the Secretary, Medical Health in court. SC’s observations On separation of powers:… Continue reading Judges should not act like emperors, says SC

SC seeks response on PIL seeking implementation of electric mobility mission

News:The Supreme Court has sought response from the Centre on a public interest litigation(PIL) seeking directions to implement the recommendations of National Electric Mobility Mission Plan (NEMMP) 2020. Facts: About the petition: The petitioner argued that e-vehicles are more viable since the combustion process in compressed natural gas (CNG) enabled vehicles also causes global warming.… Continue reading SC seeks response on PIL seeking implementation of electric mobility mission

Destruction of public property:What the law says, what Supreme Court directed

News:Recently,the Supreme Court has expressed displeasure over rioting and destruction of public property while hearing petitions on alleged police excesses on students in Jamia Millia Islamia. Facts: About Prevention of Damage to Public Property Act,1984:  The Prevention of Damage to Public Property Act,1984 punishes anyone who commits mischief by doing any act in respect of… Continue reading Destruction of public property:What the law says, what Supreme Court directed

Supreme Court flags delay in appointment of judges

News:The Supreme Court of India in its judicial order has taken serious note of the government sitting over names reiterated by the CJI-led collegium for appointment as high court judges. Facts: What did the Supreme Court said? The Supreme Court in its judicial order has said that the 213 names recommended for appointment to various… Continue reading Supreme Court flags delay in appointment of judges

Explained: Amid Maharashtra drama, recalling a landmark SC judgment–S R Bommai

News:The Supreme Court has directed the Maharashtra Governor to ensure that the trust vote be held on November 28,2019.Several important observations were made by the Court from the ‘Bommai case’. Facts: About S.R Bommai vs Union of India case: S.R. Bommai was the Chief Minister of the Janata Dal government in Karnataka. His government was… Continue reading Explained: Amid Maharashtra drama, recalling a landmark SC judgment–S R Bommai

Explained: Supreme Court orders Maharashtra floor test tomorrow, what next?

News:Recently,the Supreme Court has ordered a floor test in the Maharashtra Legislative Assembly. Facts: About the Floor Test: A floor test is the determination on the floor of the House whether the Chief Minister commands the support of the majority of the MLAs.  This can be done by means of a voice vote or by… Continue reading Explained: Supreme Court orders Maharashtra floor test tomorrow, what next?

Explained: When the Supreme Court reviews a decision

Review petition:- News:Recently,a number of review petitions have been filed in the Supreme Court seeking a review of its delivered decisions. Facts: About Review Petition: According to the constitution,the judgment of the Supreme Court becomes the law of the land.It is final because it provides certainty for deciding future cases.  However,the Constitution under Article 137… Continue reading Explained: When the Supreme Court reviews a decision

SC stays SAT order holding that Sebi lacks power to bar auditors

News:The Supreme Court stayed an order of the Securities Appellate Tribunal (SAT) which had held that markets watchdog Sebi does not have the power to bar auditors. Facts: Background: The Securities and Exchange Board of India(SEBI) had filed an appeal in the Supreme Court against the SAT’s order.  The Securities Appellate Tribunal(SAT) in its order… Continue reading SC stays SAT order holding that Sebi lacks power to bar auditors

Justice Sharad Arvind Bobde takes oath as next CJI

News:Justice Sharad Arvind Bobde has taken oath as the 47th Chief Justice of India (CJI) by the President. Facts: About Chief Justice of India: The chief justice of India(CJI) is the head of the judiciary of India and the Supreme Court of India.The CJI also heads their administrative functions. As head of the supreme court,the… Continue reading Justice Sharad Arvind Bobde takes oath as next CJI

Supreme Court dismisses pleas to review Rafale ruling

News:The Supreme Court has refused to review its December,2018 order rejecting a probe into the controversial Rafale deal. Facts: About the Rafale deal: The Rafale deal is a defence deal between French and Indian government. In 2016,Indian government had inked a direct deal with the French government to purchase 36 new Rafale fighter jet. As… Continue reading Supreme Court dismisses pleas to review Rafale ruling

Explained:What is Article 142, invoked by SC to give land for a mosque?

News:The Supreme Court referring to the demolition of the Babri Masjid at the disputed site has said that it was invoking Article 142 to ensure that a wrong committed must be remedied. Facts: The Supreme Court had used extraordinary powers granted to it by Article 142 of the Constitution to grant five acres of land… Continue reading Explained:What is Article 142, invoked by SC to give land for a mosque?

Centre clarifies on definition of land as forest

News:The Forest Advisory Committee(FAC) of the Environment Ministry has said that the States need not take the Centre’s approval to define what constitutes unclassified land as forest. Facts: What did the committee said? The committee has said that the states have well established forest departments. Hence,they are in a better position rather than Union Environment… Continue reading Centre clarifies on definition of land as forest

SC to get permanent Constitution bench

News:The Supreme Court has decided to create a permanent five judge Constitution Bench to hear and decide cases involving Constitutional questions. Facts: About Constitution bench: Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court. These judges sit to decide… Continue reading SC to get permanent Constitution bench

Government-funded NGOs come under RTI ambit, says SC

News:The Supreme Court has held that Non-governmental organisations (NGOs) which are substantially funded by the government fall within the ambit of the Right to Information(RTI) Act. Facts: Key highlights of judgement:  The Supreme Court has ruled that NGOs which receive considerable finances from the government fall under the category of “public authority” defined in Section… Continue reading Government-funded NGOs come under RTI ambit, says SC

Explained: What is Oxytocin and why does the govt want to ban its commercial use?

The Supreme Court has referred the matter to a larger bench to decide on whether to impose a ban on private companies to manufacture the drug Oxytocin and restrict its manufacture to a single public sector undertaking. This decision comes after a petition was filed against government ban on private drug manufacturers from producing Oxytocin.… Continue reading Explained: What is Oxytocin and why does the govt want to ban its commercial use?

Article 370: Petition filed in Supreme Court against Centre’s notification on J&K

A petition has been filed in the Supreme Court challenging the Presidential order on Constitution (Application to Jammu and Kashmir) Order,2019. The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu… Continue reading Article 370: Petition filed in Supreme Court against Centre’s notification on J&K

Giving voice sample to police does not violate privacy, rules top court

The Supreme Court has ruled that a judicial magistrate can order an accused to give his voice samples even against his consent in the course of a criminal investigation. The judgment came on an appeal filed by petitioner against a 2010 order of a magistrate court in Uttar Pradesh allowing police to get his voice… Continue reading Giving voice sample to police does not violate privacy, rules top court

Cabinet approves increasing strength of Supreme Court judges from 31 to 34

The Union Cabinet has approved the proposal to introduce a bill to increase the number of judges in Supreme Court from 31 to 34. This decision of the Cabinet came days after Chief Justice of India had written to Prime Minister to increase the number of judges in the top court. CJI had written that… Continue reading Cabinet approves increasing strength of Supreme Court judges from 31 to 34

Too much quota may impact right to equal opportunity, remarks Supreme Court

The Supreme Court has observed that excessive quota may impact the right to equal opportunity guaranteed under the Constitution. This observation was made while hearing several petitions which have asked for a Constitution Bench to examine the validity of 103rd Constitutional Amendment Act. The Constitution (103rd Amendment) Act provides for 10% reservation in government jobs… Continue reading Too much quota may impact right to equal opportunity, remarks Supreme Court

Minorities panel draws its remit

The National Commission of Minorities(NCM) sub committee in its report has said that it does not have the power to identify any community as minority. NCM had constituted a sub-committee.The committee was entrusted with the task of preparing a report to provide a) comprehensive definition of minority and b) criteria for determining minority status of… Continue reading Minorities panel draws its remit

Supreme Court to rule today, says Speaker’s powers need relook

The Supreme Court will deliver its verdict on petitions filed by the rebel legislators of the ruling government in Karnataka. The plea seeks a directive to the speaker of the Karnataka state assembly to decide on their resignations from the Legislative assembly. During the hearing,Supreme Court said that the position and powers of the Speaker… Continue reading Supreme Court to rule today, says Speaker’s powers need relook

Relief for Kiran Bedi as SC restrains Puducherry government

The Supreme Court has directed the Puducherry government not to implement decisions having financial implications which could be taken during the Cabinet meetings. This direction comes after Centre and Puducherry Lieutenant Governor (LG) filed a plea seeking to maintain the status quo that existed before the Madras High Court order. Recently,Madras High Court had ruled… Continue reading Relief for Kiran Bedi as SC restrains Puducherry government

Supreme Court agrees to examine power of authorities to arrest individuals for GST evasion

Supreme Court has decided to examine the power of the government officials to arrest persons for Good and Services Tax (GST) evasion. The court observed that different high courts had taken different views in granting anticipatory bail to individuals accused of GST evasion and therefore, it needs to decide the question of law on the… Continue reading Supreme Court agrees to examine power of authorities to arrest individuals for GST evasion

Four judges elevated to Supreme Court

The Central Government has cleared the names of four judges to be elevated to the Supreme Court. The Government has cleared the appointment after the Supreme Court collegium had reiterated its recommendation to elevate the Judges as nothing adverse has been found regarding their competence, conduct or integrity. Once the judges are appointed, the Supreme… Continue reading Four judges elevated to Supreme Court

SC agrees to hear plea against Delhi HC verdict quashing cadre allocation of IAS, IPS officers

The Supreme Court has agreed to examine a government appeal against the Delhi High Court’s decision to quash the cadre allocation of IAS and IPS officers of the 2018 batch. The Delhi high court’s verdict came on petitions filed by various officers. The petitioners had claimed that the interpretation of Cadre Allocation Policy 2017 adopted… Continue reading SC agrees to hear plea against Delhi HC verdict quashing cadre allocation of IAS, IPS officers

Collegium recommends names for appointment as chief justices of 4 HCs

The Supreme Court Collegium has recommended the names of four High Court Judges for their appointment as Chief Justices of the High Courts of Delhi, Madhya Pradesh, Himachal Pradesh and Telangana. Collegium system in India is the system by which the judges are appointed by the judges only also referred to as Judges-selecting- Judges.It is… Continue reading Collegium recommends names for appointment as chief justices of 4 HCs

SC/ST govt staff promotion: apex court upholds validity of Karnataka law

The Supreme Court has upheld the constitutional validity of the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act 2018. The act provides  for consequential seniority to persons belonging to the Scheduled Castes and Scheduled Tribes promoted under the… Continue reading SC/ST govt staff promotion: apex court upholds validity of Karnataka law

Supreme Court seeks Centre’s reply on plea to regulate content

The Supreme Court has sought central Government response on a petition which seeks framing of guidelines by the government to regulate the functioning of online media streaming platforms like Netflix and Amazon Prime Video. The petitioner had filed this appeal against the decision of the Delhi High Court which had dismissed its PIL in February,2019.The… Continue reading Supreme Court seeks Centre’s reply on plea to regulate content

Centre asks Supreme Court to rethink elevation of two High Court judges

The Centre has returned the proposals forwarded by the Supreme Court collegium for elevation of High court judges to the Supreme Court. The Government has asked the Supreme Court to reconsider the recommendation to maintain the principle of proper regional representation. Collegium system in India is the system by which the judges are appointed by… Continue reading Centre asks Supreme Court to rethink elevation of two High Court judges

Emissions fiasco: No coercive action against Volkswagen, says SC

The Supreme Court (SC) has stayed an order of the National Green Tribunal (NGT) imposing a fine of ₹500 crore on Volkswagen AG.The NGT had imposed the fine on Volkswagen for harming the environment. The NGT had fined ₹500 crore for allegedly damaging the environment by using cheat device in its diesel cars sold in… Continue reading Emissions fiasco: No coercive action against Volkswagen, says SC

SC dismisses plea on traffic restriction in J&K

The Supreme Court has dismissed a plea which had challenged the restrictions on civilian movement along the National Highway between Baramulla and Udhampur in Jammu and Kashmir. Recently,Jammu and Kashmir administration and Centre had issued an order banning the movement of civilian traffic on the national highway from Baramulla to Udhampur. The ban on the… Continue reading SC dismisses plea on traffic restriction in J&K

EVM, VVPATs’ ‘deviant behaviour’: respond to plea,SC tells ECI

The Supreme Court has sought the Election Commission’s response on a plea which has asked the apex court to strike down Section 49MA under Conduct of Elections Rules,1961. The Election Commission(EC) in his response has defended strict punishment and penalty for questioning Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT).It said that… Continue reading EVM, VVPATs’ ‘deviant behaviour’: respond to plea,SC tells ECI

SC restrains HC from appointing civil judges

The Supreme Court has directed the Punjab and Haryana High Court Registry not to appoint any civil judge in Haryana without its nod.The court has also summoned the Registrar General with all the selection records pertaining to the exams held to fill 107 posts in lower judiciary. This direction came on a plea filed by… Continue reading SC restrains HC from appointing civil judges

Rafale review pleas: govt seeks time to file response

Government has asked the Supreme Court to defer the hearing of the review petitions in the Rafale case.The Government has said that it needed more time to file a fresh affidavit. However,the apex court allowed the Central government to circulate the letter for adjournment among parties which include petitioners who have filed review pleas. Recently,the… Continue reading Rafale review pleas: govt seeks time to file response

Supreme Court gives RBI ‘last chance’ to alter disclosure policy

The Supreme Court has directed the Reserve Bank of India (RBI) to disclose information pertaining to its annual inspection report of banks and other material under the Right to Information (RTI) Act unless they are exempted under the law. The Supreme Court was hearing contempt petitions filed against the RBI for not complying with the… Continue reading Supreme Court gives RBI ‘last chance’ to alter disclosure policy

Constitution of J. Bobde panel violates the law

The Supreme Court has appointed a committee headed by senior-most judge of the Supreme Court to inquire into the sexual harassment allegations levelled against Chief Justice of India. However,the committee have been opposed by wide range of women from various disciplines.They have said that the constitution of the committee with no external member is in… Continue reading Constitution of J. Bobde panel violates the law

Judges’ panel to hear charges against CJI

The Supreme Court has decided to conduct an in-house inquiry into the allegations of sexual harassment levelled against Chief Justice of India. The apex court has appointed a committee headed by senior-most judge of the Supreme Court.However,there will be no time frame to complete the inquiry and future course of action will depend on what… Continue reading Judges’ panel to hear charges against CJI

SC seeks replies from Centre,J&K on highway traffic ban

The Supreme Court has issued a notice to the Centre and the Jammu and Kashmir government on a petition which has challenged restrictions imposed on civilian movement along the National Highway between Srinagar and Baramulla. The petitioner has argued that the order announcing the ban (a) directly affects the lives of lakhs of people and… Continue reading SC seeks replies from Centre,J&K on highway traffic ban

CJI violated procedure by hearing own case, say Supreme Court lawyers

The Supreme Court Bar Association(SCBA) has called for a committee to be setup consists of Supreme Court judges to investigate and inquire into allegations of sexual harassment against Chief Justice of India by a former staffer at his office. They have also criticised the way the Chief Justice of India conducted judicial proceedings in the… Continue reading CJI violated procedure by hearing own case, say Supreme Court lawyers

SC to hear petition to end write-offs

A petition has been filed in the Supreme Court to restrain banks from writing off non-performing assets(NPAs) and governments from waiving off farm loans. The petitioner has said that Supreme Court should (a)restrain banks from writing-off of NPAs so that exact financial conditions of the banks can be shown(b) The Centre and state governments should… Continue reading SC to hear petition to end write-offs

Consider victim’s age to compute compensation: SC

The Supreme Court has held that in case of death of a bachelor in a motor vehicle accident,the age of the deceased and not the age of the dependents will be the basis for computation of compensation. This verdict comes in the backdrop of an appeal filed by an Insurance Company against a High Court… Continue reading Consider victim’s age to compute compensation: SC

Plea in SC on voting rights of undertrials and convicts

A petition has been filed in the Supreme Court challenging the law which bars undertrials and convicts from voting. Section 62(5) of the Representation of the People Act,1951 says that no person shall vote at any election if he is confined in a prison,whether under a sentence of imprisonment or transportation or otherwise,or is in… Continue reading Plea in SC on voting rights of undertrials and convicts

Mentally ill convict escapes the noose

The Supreme Court has ruled that post-conviction severe mental illness will now be a mitigating factor while deciding appeals for commutation of death penalty. This ruling came by the apex court while deciding the plea of a death row convict who was sentenced for rape and murder of two minors.The Supreme Court commuted the death… Continue reading Mentally ill convict escapes the noose

SC admits for consideration plea for lifting ban on Muslim women’s entry into mosques

The Supreme Court has agreed to hear a petition seeking permission for Muslim women to enter mosques to offer prayers.The petitioner has asked the apex court to declare the prohibition on entry of women inside mosques in the country as illegal and unconstitutional. The petition was filed on the grounds that (a)there is nothing in… Continue reading SC admits for consideration plea for lifting ban on Muslim women’s entry into mosques

SC irked after poll panel’s counsel says it is ‘powerless’

The Supreme Court has expressed displeasure over the Election Commission for not taking action against politicians for communal and hate speeches during the Lok Sabha campaigning.The court has decided to examine the ambit of poll panel’s power on the violation of model code of conduct. The court was hearing a plea seeking an order from… Continue reading SC irked after poll panel’s counsel says it is ‘powerless’

Plea in SC seeks entry of women into mosques

A petition has been filed in the Supreme Court pleading that Muslim women be allowed to enter and offer namaz inside mosques.The petitioner asked the apex court to declare the prohibition on entry of women inside mosques in the country as illegal and unconstitutional. The petition was filed on the grounds that (a)there is nothing… Continue reading Plea in SC seeks entry of women into mosques

Plea to remove dual control of Assam Rifles

The Delhi High Court has sought the response of the Cabinet Committee on Security (CCS) on a plea seeking directions to remove the dual control of Assam Rifles and bring it under the Defence Ministry. The petition was filed on the grounds that the administrative control of Assam Rifles lies with the Home Ministry,while the… Continue reading Plea to remove dual control of Assam Rifles

SC notice to MP govt over hiking OBC quota from 14% to 27%

The Supreme Court has sought the Madhya Pradesh government’s response on a petition challenging the validity of the ordinance which had increased the reservation in government jobs and university admission to the Other Backward Class(OBC) category from the existing 14% to 27% The decision to increase reservation for OBCs had led to reservation in Madhya… Continue reading SC notice to MP govt over hiking OBC quota from 14% to 27%