Articles for Constitution Bench

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution
1 day ago

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution

Live Law  

The Punjab and Haryana High Court stayed the government order holding In the meanwhile, in view of the law laid down by the Supreme Court in the cases of State of Maharashtra v. Milind and others 2001 SCC 4 and E.V.Chinnaiah v. State of A.P. The five judges' bench of the Supreme Court again affirms in the case of State …

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2024 Round-Up| Constitution Bench Decisions Of Supreme Court
1 day, 8 hours ago

2024 Round-Up| Constitution Bench Decisions Of Supreme Court

Live Law  

The Supreme Court in 2024 held several Constitution Benches to resolve crucial and long pending issues with nationwide socio-legal ramifications. State's Power To Tax Mineral Rights In Mineral Area Development Authority v. M/S Steel Authority Of India & Ors, the Supreme Court held by an 8:1 majority that States have the power to levy tax on mineral rights and that …

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The Chief who changed the court: Justice Chandrachud's transformative tenure
1 month, 1 week ago

The Chief who changed the court: Justice Chandrachud's transformative tenure

India Today  

The Supreme Court in the 1997 judgment of State of Rajasthan v Prakash Chand ruled that the Chief Justice of India would be the “first amongst the equals”. The judges had initially planned to meet a few members of the press at Justice Chelameswar’s residence to discuss concerns about the administration of the Supreme Court under CJI Dipak Misra. On …

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Constitution Bench Judgments Of Justice DY Chandrachud
1 month, 2 weeks ago

Constitution Bench Judgments Of Justice DY Chandrachud

Live Law  

The Chief Justice of India Dr. D.Y. Bench: CJI DY Chandrachud, Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra 13. v. M/S Lalta Prasad Vaish : A nine-judge Constitution Bench of the Supreme Court held by 8:1 majority, held that the States have the power to regulate 'denatured spirit or industrial alcohol'. Bench: CJI DY Chandrachud, Justices Hrishikesh …

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The Mixed Legacy Of CJI DY Chandrachud
1 month, 2 weeks ago

The Mixed Legacy Of CJI DY Chandrachud

Live Law  

Dr. Justice Dhananjaya Yeshwant Chandrachud, who had a relatively long tenure of two years as the Chief Justice of India, held the mantle of the judiciary when the Indian Republic was at a crossroads. Judicial appointments At one point of time during CJI Chandrachud's tenure, there was acrimonious friction between the judiciary and the executive regarding the primacy over judicial …

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Ram Mandir to electoral bonds: Key judgments by Chief Justice Chandrachud
1 month, 2 weeks ago

Ram Mandir to electoral bonds: Key judgments by Chief Justice Chandrachud

India Today  

Chief Justice of India D Y Chandrachud, after a tenure of over eight years at the Supreme Court, marked his last working day on Friday with another Constitution Bench judgement in a 4:3 majority ruling and overruled its 1967 decision which held that Aligarh Muslim University is not a minority institution. LOOKBACK AT KEY JUDGEMENTS PASSED BY HIM Ayodhya land …

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CJI DY Chandrachud’s last day in office today: From privacy to adultery - a look back at his 10 landmark rulings
1 month, 2 weeks ago

CJI DY Chandrachud’s last day in office today: From privacy to adultery - a look back at his 10 landmark rulings

Live Mint  

Chief Justice of India DY Chandrachud will retire on November 10. Justice Chandrachud, son of the longest-serving Chief Justice of India, Yeshwant Vishnu Chandrachud, has served as Supreme Court judge since 2016. Here is a look at landmark judgements that Justice Chandrachud has been part of: 1-Electoral Bonds Case: February 2024 In February 2024, the five-judge Constitution Bench of the …

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Supreme Court verdict shortly on Aligarh Muslim University's minority status
1 month, 2 weeks ago

Supreme Court verdict shortly on Aligarh Muslim University's minority status

India Today  

The Supreme Court is set to announce its verdict on Friday on whether the Aligarh Muslim University in Uttar Pradesh enjoys minority status under Article 30 of the Constitution, which empowers religious and linguistic minorities to establish and administer educational institutions. The court also considered the validity of a 1967 Supreme Court case which rejected the minority status of the …

Supreme Court Court University Constitution Bench Minority Status Amendment
Assam Citizenship Crisis: Supreme Court Backs 1971 Cut-off Date, Impact on NRC and CAA Implementation
1 month, 2 weeks ago

Assam Citizenship Crisis: Supreme Court Backs 1971 Cut-off Date, Impact on NRC and CAA Implementation

The Hindu  

Published : Nov 07, 2024 21:26 IST - 12 MINS READ With the five-member Constitution Bench headed by Chief Justice of India D.Y. The Assam Sanmilita Mahasangha filed a petition challenging Section 6A and seeking 1951 as the cut-off year for accepting immigrants as Indian citizens; it also wanted the NRC to be updated. The State now has two cut-off …

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Constitution bench reserves judgment in arbitration case
3 months, 3 weeks ago

Constitution bench reserves judgment in arbitration case

Hindustan Times  

New Delhi A Constitution bench of the Supreme Court on Friday reserved its judgment on the complex legal question of whether one party in an arbitration can unilaterally appoint a panel of arbitrators and require the other party to select arbitrators from that panel. During the proceedings, the bench highlighted the critical importance of maintaining integrity in arbitration, particularly in …

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Constitution bench says fairness key in arbitration
3 months, 3 weeks ago

Constitution bench says fairness key in arbitration

Hindustan Times  

A Supreme Court constitution bench on Thursday underscored the importance of fairness in arbitration, particularly in cases involving the government and public sector undertakings, stating that the government’s interest should extend beyond securing favorable outcomes, focussing instead on preserving the integrity of the arbitration process as a whole. The five-judge bench, led by Chief Justice of India Dhananjaya Y Chandrachud, …

Law India Arbitration Constitution Railways Court Private Law
SC denies expedited hearing to petitions against new law for appointing CEC, ECs
4 months, 2 weeks ago

SC denies expedited hearing to petitions against new law for appointing CEC, ECs

Hindustan Times  

New Delhi: The Supreme Court on Friday denied expedited hearing to a clutch of petitions that have challenged the validity of the new law providing for the appointment of chief election commissioner and election commissioners by a panel that does not include the Chief Justice of India. The constitution bench judgment in Anoop Baranwal vs. Union of India had said …

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The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
4 months, 2 weeks ago

The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses

Live Law  

The Indian higher judiciary, represented by the Supreme Court and High Courts, plays a crucial role in adjudicating and interpreting laws within the country's legal framework. 26: Judgment and Orders: Judicial Decisions as Authorities per incuriam has been elucidated as under: “A decision is given per incuriam when the court has acted in ignorance of a previous decision of its …

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Kerala High Court Declines Minor Girl's Plea Seeking Pilgrimage To Sabarimala Temple Due To Issues Pending Before SC's Larger Bench In Review Petition
6 months, 1 week ago

Kerala High Court Declines Minor Girl's Plea Seeking Pilgrimage To Sabarimala Temple Due To Issues Pending Before SC's Larger Bench In Review Petition

Live Law  

The Kerala High Court today dismissed the writ petition of a 10-year-old minor girl who invoked its writ jurisdiction under Article 226 of the Constitution of India seeking a declaration that she was entitled to have a pilgrimage to Sabarimala Temple during the Mandala Pooja/Makaravilakku season of 1199 ME without insisting on upper age qualification. The writ petition was filed …

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Supreme Court Monthly Round-Up: April 2024
7 months ago

Supreme Court Monthly Round-Up: April 2024

Live Law  

Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. Supreme Court Stays MP Administration's Decision To Deny Permission For Christian Prayer Meet Case Title: SURESH CARLETONS vs. STATE OF MADHYA PRADESH., Diary No.- 16136 - 2024 Coram: Justices B.R. Karnataka's Plea For Drought Relief: Supreme Court Asks Union To Submit Inter-Ministerial Central Team's Report Case …

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'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment
7 months ago

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment

Live Law  

The Supreme Court on May 16 recalled an earlier judgment passed it in 2022 after noting that a precedent laid down by the Constitution Bench was not applied in it.Reiterating the position of law laid down by the Five Judge Constitution Bench in Bhagat Ram & others vs. State of Punjab & others, the Court observed that if there exists …

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Are Writ Petitions Under Article 226 Maintainable Against Army Welfare Education Society Or Army Public Schools? Punjab & Haryana HC Refers To Larger Bench
8 months ago

Are Writ Petitions Under Article 226 Maintainable Against Army Welfare Education Society Or Army Public Schools? Punjab & Haryana HC Refers To Larger Bench

Live Law  

The Punjab & Haryana High Court has referred the issue of whether a writ petition under Article 226 of the constitution would be maintainable against the Army Welfare Society or against the Army Public School, to the larger bench.Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "The language of the Article 226 of the Constitution of India empowers the …

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Supreme Court Weekly Round-Up (1st April-06 April, 2024)
8 months, 2 weeks ago

Supreme Court Weekly Round-Up (1st April-06 April, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. Supreme Court Stays Allahabad HC Judgment Striking Down UP Board Of Madarsa Education Act, Prima Facie Says HC Misconstrued Act Case Title : …

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SC refers to Constitution Bench Kerala suit against Centre’s shackles on States’ borrowing powers
8 months, 3 weeks ago

SC refers to Constitution Bench Kerala suit against Centre’s shackles on States’ borrowing powers

The Hindu  

The Supreme Court on Monday referred to a Constitution Bench the question raised by Kerala whether a State has an “enforceable right” to raise its borrowing limits from the Union government and other sources. The court wants a five-judge Bench to decide important questions of law, including whether “fiscal decentralisation” was an aspect of Indian federalism and if Central regulations …

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Supreme Court Refers Kerala's Suit Against Union Over Borrowing Limits To Constitution Bench, Refuses Interim Relief
8 months, 3 weeks ago

Supreme Court Refers Kerala's Suit Against Union Over Borrowing Limits To Constitution Bench, Refuses Interim Relief

Live Law  

The Supreme Court on Monday referred the suit filed by the State of Kerala against the Union of India challenging the limits imposed on the State's borrowing capacities to a 5-judge Constitution Bench in terms of Article 145 of the Constitution.At the same time, however, the bench, comprising Justices Surya Kant and KV Viswanathan, refused to pass orders on the …

Kerala Supreme Court Financial Constitution Court Constitution Bench Relief
Shiv Sena row | Supreme Court asks whether Maharashtra Speaker contradicted verdict
9 months, 2 weeks ago

Shiv Sena row | Supreme Court asks whether Maharashtra Speaker contradicted verdict

The Hindu  

The Supreme Court on March 7 asked whether Maharashtra Speaker Rahul Narwekar “contradicted” a Constitution Bench judgment to bank on ‘legislative majority’ as a criterion to declare Chief Minister Eknath Shinde’s faction as the “real” Shiv Sena. “The Speaker says the ‘real’ political party is discernible from which faction held the legislative majority at the time of the emergence of …

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Offence Of Bribery Not Dependent On Actual Performance Of Act For Which Bribe Is Taken, Mere Acceptance Of Bribe Enough : Supreme Court
9 months, 2 weeks ago

Offence Of Bribery Not Dependent On Actual Performance Of Act For Which Bribe Is Taken, Mere Acceptance Of Bribe Enough : Supreme Court

Live Law  

The offence of bribery is complete the moment illegal gratification is accepted and is not dependent on the actual performance of the promise for which the bribe was sought, stated the Supreme Court.A 7-judge Constitution Bench of the Court made this observation in the momentous judgment holding that legislators accepting bribes for casting votes or giving speech in the legislature …

Supreme Court Judgment Performance Court Constitution Bench Votes Bribe
Supreme Court Weekly Round-Up (26th February-02 March, 2024)
9 months, 2 weeks ago

Supreme Court Weekly Round-Up (26th February-02 March, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court Case Details: …

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'Giant Of Law' :CJI DY Chandrachud Mourns Fali S Nariman's Demise
10 months ago

'Giant Of Law' :CJI DY Chandrachud Mourns Fali S Nariman's Demise

Live Law  

Chief Justice of India DY Chandrachud mourned the death of Senior Advocate Fali S Nariman. It's very sad," CJI Chandrachud said, addressing the Attorney General for India, as soon as he sat.AG Venkataramani said that Nariman was actively preparing for the Constitution Bench hearing in. It's very sad," CJI Chandrachud said, addressing the Attorney General for India, as soon as …

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