Supreme Court To Hear PIL Challenging Legislative Competence Of State Assemblies In Adopting Resolutions Against Central Statutes Like CAA/Fram Laws
4 years ago

Supreme Court To Hear PIL Challenging Legislative Competence Of State Assemblies In Adopting Resolutions Against Central Statutes Like CAA/Fram Laws

Live Law  

Supreme Court of India will on Friday hear a plea challenging the legislative competence of diverse State Assemblies in adopting 'Resolutions' against central statutes like CAA and farm laws which fall under the Union List of the Seventh Schedule. A bench of CJI SA Bobde and Justice Bopanna will hear the PIL filed by Samta Andolan Samiti impugning the Legislative actions of four different State Legislative Assemblies of Rajasthan, Kerala, Punjab and West Bengal which according to the petitioner, have infringed Fundamental Rights of all Indian citizens. According to the petitioner, the Rules of Procedure of the these Legislative Assemblies framed under Article 208 contain chapters titled 'Resolutions' and the same, apart from imposing a precondition upon the Speakers to decide the admissibility of the Resolution before allowing the same to be placed in the Assembly, also prohibit subjects which are not primarily the concern of the State Government and on which litigations are pending. The petitioner has argued that the said perception of immunity has purportedly encouraged the these States to facilitate passing of the impugned resolutions, as since the said immunity protects Legislators who misuse their limited freedom of speech and purposely violate provisions of the Constitution from disqualification for membership within Article 191 of the Constitution, no disciplinary action can be taken by the Governor under Article 192 against them even in the face of blatant legislative overreach offending Article 246 and the Union List in the Seventh Schedule.

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History of this topic

Reservation In Local Bodies: High Court Seeks State's Stand On PIL Challenging Vires Of Gujarat Local Authorities Laws (Amendment) Act 2023
2 weeks, 3 days ago

Reservation In Local Bodies: High Court Seeks State's Stand On PIL Challenging Vires Of Gujarat Local Authorities Laws (Amendment) Act 2023

Live Law  

The Gujarat High Court on Monday sought the state government's stand on a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws Act 2023 and subsequent amendment made to the relevant rules, claiming it is contrary to the Supreme Court's decisions on the manner in which reservation is to be implemented. The plea claims that the Act and …

Supreme Court rules against directing legislature on law enactment
1 month, 1 week ago

Supreme Court rules against directing legislature on law enactment

Hindustan Times  

The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea. The petitioner's counsel said Section 230 …

PIL questions Karnataka law enacted to protect illegal religious structures in public places
1 month, 3 weeks ago

PIL questions Karnataka law enacted to protect illegal religious structures in public places

The Hindu  

Asking how the State Government can reconcile two laws, one against superstitious beliefs and the other to protect illegal religious structures in public places, the High Court of Karnataka granted three weeks’ time to the government to file its response to a PIL petition, which has questioned the constitutional validity of the Karnataka Religious Structure Act, 2021. To protect religious …

Allahabad HC Rejects PIL Seeking Clarification From UP Govt That It Isn't Working Under BJP's Command
7 months, 2 weeks ago

Allahabad HC Rejects PIL Seeking Clarification From UP Govt That It Isn't Working Under BJP's Command

Live Law  

The Allahabad High Court on Wednesday dismissed a Public Interest Litigation plea filed seeking a direction to the state government to clarify that it not working under the commands of the Bharatiya Janata Party.The PIL Plea, filed by Advocate Manjesh Kumar Yadav, referred to a statement the Deputy Chief Minister of Uttar Pradesh, Keshav Prasad Maurya, made last month during …

MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court
8 months, 1 week ago

MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court

Live Law  

The Karnataka High Court on Friday dismissed a public interest litigation filed by Dasarahalli Member of Legislative Assembly S Muniraju, belonging to Bharatiya Janata Party, seeking a direction to the state government to release an amount of Rs 78 crore for carrying out the developmental work in his constituency. A division bench of Chief Justice N V Anjaria and Justice …

Supreme Court Dismisses PIL For Action Against Alleged Forceful Conversion Of Hindus At Mewat Nuh, Haryana
3 years, 8 months ago

Supreme Court Dismisses PIL For Action Against Alleged Forceful Conversion Of Hindus At Mewat Nuh, Haryana

Live Law  

The Supreme Court has on Monday dismissed a PIL which sought action against alleged forceful religious conversion of Hindus at District Mewat Nuh in Haryana by the Muslim Community. "Sorry, we don't think we can entertain this on the basis of news paper reports", CJI Ramana told Senior Advocate Vikas Singh, who was appearing for the petitioners. The plea has …

'Do They Have No Right To Express An Opinion?' : Supreme Court Asks Petitioner Challenging State Assembly Resolutions On Central Laws To Do More Research
4 years ago

'Do They Have No Right To Express An Opinion?' : Supreme Court Asks Petitioner Challenging State Assembly Resolutions On Central Laws To Do More Research

Live Law  

The Supreme Court on Friday adjourned a petition which challenges the competence of state legislative assemblies to pass resolutions about Parliamentary laws, by asking the petitioner's lawyer to do more research. We don't want to create more problems than solving", the Chief Justice of India told Senior Advocate Soumya Chakraborty, who was representing the petitioner. The petition was filed by …

PIL In Supreme Court Challenges Centre's Overriding Power Over Deputation/Transfers Of IPS Officers
4 years, 1 month ago

PIL In Supreme Court Challenges Centre's Overriding Power Over Deputation/Transfers Of IPS Officers

Live Law  

The Supreme Court has been moved in a PIL challenging the constitutionality of Rule 6 of the Indian Police Service Rules, 1954 for conferring powers on the Central government to override the states in matters of transfer and deputation of IPS cadre officers. Deputation of Cadre Officers: 6 A cadre Officer may, with the concurrence of the state government or …

Rajasthan moves Supreme Court against CAA
5 years ago

Rajasthan moves Supreme Court against CAA

The Hindu  

The Congress government in Rajasthan on Monday moved the Supreme Court challenging the validity of the Citizenship Act contending that the law was against the country’s secular fabric and violated fundamental rights enshrined in the Constitution. The Left Democratic Front government of Kerala had on January 13 filed the plea under Article 131 seeking declaration of the CAA as violative …

Karnataka polls: Supreme Court rejects PIL to disqualify Congress candidates
6 years, 10 months ago

Karnataka polls: Supreme Court rejects PIL to disqualify Congress candidates

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday orally observed that the Congress party promising in its election manifesto in Karnataka Assembly polls to eradicate social and educational backwardness to a community would not amount to an appeal in the name of religion. Making this observation a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud dismissed …

PIL filed in SC against Re-promulgation of Land Ordinance
9 years, 9 months ago

PIL filed in SC against Re-promulgation of Land Ordinance

Live Law  

Challenging the union Government's attempt to re-promulgate Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Ordinance, a Public Interest Litigation has been filed in the Supreme Court challenging the power of the government to do so. The Petition filed by three Delhi-based NGOs and Bharatiya Kisan Union, contented that, "The government in complete contravention of the …

PIL by 4 NGOs challenges re-promulgation of land ordinance
9 years, 11 months ago

PIL by 4 NGOs challenges re-promulgation of land ordinance

Live Law  

Four NGOs: Delhi Grameen Samaj, Bharatiya Kisan Union, Grameen Sewa Samiti and Chogama Vikas Avam have reportedly filed a Public Interest Litigation in the Supreme Court, challenging the Constitutional validity of the Land acquisition ordinance. The PIL is settled by senior advocate and former Additional Solicitor-General Indira Jaising.The NGOs have alleged that the repromulgation of the. The NGOs have alleged …

Calcutta HC seeks Bengal government's views on Tapas Pal remarks
10 years, 8 months ago

Calcutta HC seeks Bengal government's views on Tapas Pal remarks

India TV News  

Kolkata: The Calcutta High Court today sought West Bengal government's views on Trinamool Congress MP Tapas Pal's derogatory comments against women and opposition party supporters in connection with a petition seeking action against him. Justice Dipankar Dutta directed government pleader Ashok Banerjee to clarify the West Bengal government's stand and take its instructions on it while adjourning the matter till …

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