Articles tagged with: Constitution Bench

SCOI Analysis: What could Naz's section 377 curative constitution bench look like and what can it do?

Even as the Supreme Court is yet to upload its order referring the curative petitions filed by Naz Foundation and others to the five Judge Constitution bench, a debate has already begun over the scope and composition of the bench among observers.

For first time ever, 3 SC constitution benches with 15 judges sat today

History was made today, with three Constitution benches sitting at the same time in the Supreme Court at 2 pm.

Supreme Court throws out challenge to its power to entertain appeals under Article 136

The Supreme Court on Monday refused to restrict the scope of its discretionary powers, under the constitution’s article 136, to entertain pleas challenging various high court orders, saying that the issue has already been decided by the earlier constitution bench. Declining to revisit the scope of i...

SCOI analysis: Today, 10 judges in new constitution benches to hear important education & SLP cases

Two very important cases related to the power to appoint teachers and rules on when special leave petitions (SLPs) should be entertained, are scheduled to be heard by two Supreme Court’s constitution benches today under CJI TS Thakur’s new constitution bench schedules.

AG Rohatgi claims again that privacy is NOT a fundamental right, in Aadhaar challenge

The Centre on Wednesday reiterated its stand that privacy was not a fundamental right, while contesting a bunch of petitions challenging the constitutional validity of the Aadhaar scheme on the ground of violation of citizens’ right to privacy. Addressing the court for referring the matter to a cons...

SCOI Report: UU Lalit pondered if this could be key to avoiding death penalty as yesterday’s fascinating constitution bench hearing queried power of sentence remission

The hearing of this case continued yesterday with Rakesh Dwivedi, counsel for both Tamil Nadu and West Bengal in the Rajiv Gandhi assassination case, arguing the whole day that state governments should have the power to suspend or remit sentences or exercise mercy by using their own discretion.

Privacy not a fundamental right, argues Mukul Rohatgi for Govt as Govt affidavit says otherwise

The right to privacy is not a fundamental right, argued attorney general of India Mukul Rohatgi while defending the constitutional validity of the Aadhar Card, even though his client had allegedly admitted otherwise, reported the Indian Express . Rohatgi has asked for a nine-judge bench to examine w...

SC lacks capacity to deliver proper jurisprudence: Only 7% of apex judgments really had anything to do with the constitution in 2014, reveals research

Constitution: Uncared for
Constitution: Uncared for
A group of lawyers analysed 884 judgments handed down by the Supreme Court in the 2014 calendar year and found that only 64, or 7 per cent, involved any substantive constitutional issues.

SC powerless but polite in ‘prophetic duty’: ‘Legitimate expectation’ on PM to ‘consider’ not appointing criminal-charge netas

A five-judge constitutional bench has ruled that it had no power to stop the states’ and country’s executive being staffed by politicians who have criminal charges pending against them, but argued for a “legitimate expectation” that prime and chief ministers should “consider” not picking such candid...

[Read judgment] SC limits contempt law in killing Swamy's 24-year-old Arun Shourie contempt case

A Supreme Court constitution bench headed by Chief Justice of India (CJI) RM Lodha and four other judges yesterday dropped the contempt of court proceedings started by Subramanian Swamy against then- Indian Express editor Arun Shourie, wrote the Times of India in a detailed report including the case...

[Update] ELP acts & explains: Consti Bench 4-1 overrules Kone Elevator tax decision on sales / works contract distinction

A five-judge constitutional bench of CJI RM Lodha, AK Patnaik, Sudhansu Jyoti Mukhopadhaya, Dipak Misra and FM Ibrahim Kalifulla has overruled the Supreme Court’s earlier Kone Elevators decision in a four-to-one majority against Kalifulla. The majority opinion, written by Misra, ruled that the sale ...

SC Consti Bench: Kerala gov should have raised Mullaperiyar dam water levels [JUDGMENT]

A five-judge constitution bench of CJI RM Lodha and justices HL Dattu, Chandramauli KR Prasad, Madan B Lokur and MY Eqbal ruled in favour of the Tamil Nadu government that the Kerala government must not restrict the water levels in the Mullaperiyar dam. The bench said that the Kerala law from 2006 w...

SC 5-judge bench: Right to Education Act & Rules consistent with Constitution; Can't force kids to study Kannada [JUDGMENTS]

The Supreme Court has upheld the validity of the Right to Education Act under Article 15(5) and 21-A of the Constitution about compulsory education to six to 14-year-olds. Sitting in two related cases, the constitution bench of CJI RM Lodha and justices AK Patnaik, Dipak Misra, SJ Mukhopadhaya and I...