SC gives Centre four months to decide how to ensure the right to franchise of the armed forces personnel and their families [Read Order]

The Supreme Court bench comprising Justices Ranjan Gogoi, Prafulla C Pant and AM Khanwilkar, on July 15, asked the Centre to decide, within four months, how to ensure that all army personnel, serving in the far-flung areas are not deprived of their right to vote, keeping in mind the Constitutional mandate in this regard.  Currently, a committee of Union Ministers constituted for the purpose,...

Kerala HC upholds the dismissal of Girl Student from College for living together with Classmate [Read Order]

This is not a mere case of falling in love; but two students taking the drastic step of eloping and living together without even contracting a marriage, said the  Court.The High Court of Kerala has dismissed a Petition filed by X (name withheld), a IVth Semester (BA English Language and Literature) student of Mar Thoma College of Science and Technology, Chadayamangalam challenging her...

Proposal to balance judicial review and Parliamentary power

I rejoiced with the rest of India when the thirteen judge bench of the Supreme Court of India ruled in Kesavananda Bharathi case, though only with a wafer-thin majority that Parliament’s power to amend the Constitution does not include the power to destroy its basic structures. I felt that thenceforth the Constitution will ever remain unimpaired. But when I read the verdict of the majority...

Uniform Civil Code or ‘Unilateral Civil Code’

Dust and din again started surfacing with the Ruling Party’s resolution to go ahead with framing of Uniform Civil Code. Sceptics would see the attempt as a ‘plank formation exercise’ for the coming elections to the Legislative Assembly of Uttar Pradesh. Hoping to ride on this juggernaut, the Bharathiya Janatha Party is making it as its main poll issue. In fact, the deliberations...

SC to sit extra time to hear Nirbhaya case: victim’s parents made party

The special three Judge bench hearing the sensational Nirbhaya case in the Supreme Court headed by Justice Dipak Misra today asked the lawyers of accused and the prosecution to be ready with their arguments on July 18 and said it will even extend the working hours to 6PM on that day in the interest of a detailed hearing.Normally the court rises at 4pm. The bench also said it might hold...

RTI is a Powerful tool that Strengthens Democracy and Promotes good Governance: Vice President

The Vice President of India, Shri M. Hamid Ansari has said that RTI is a powerful tool that strengthens democracy and promotes good governance by enhancing the citizen’s ability to participate in the process. He was addressing the inaugural ceremony of the New Building of Uttar Pradesh Information Commission in Lucknow, today. The Governor of Uttar Pradesh, Shri Ram Naik, the Chief Minister...

SC notice to Centre on OROP plea; Jethmalani represents Ex-servicmen [Read Petition]

The Supreme Court today issued notice to the Centre on a petition filed by ex-servicemen which sought implementation of One Rank One Pension “as formulated by” the UPA-2 government saying the present government had diluted the policy.The petitioners are being represented by veteran lawyer Ram Jethmalani and advocate Balaji Srinivasan.The bench headed by Justice Dipak Misra has sought...

Govt. directs stringent scrutiny of collegium recommendations, puts 44 appointments to Allahabad HC on hold

The Narendra Modi Government has reportedly directed the Intelligence Bureau to carry out a “more stringent” background check on all names recommended for elevation by the collegium. Hence, elevations to the High Courts of Allahabad, Delhi, Punjab and Haryana, and Chennai are being “scrutinized more carefully” so that nobody of questionable integrity is appointed.The IB has further...

We have no information about the progress of Black Money Case in Public Domain: Senior Advocate AK Panda

Ashok Kumar Panda is a senior advocate in the Supreme Court.  He started practising as a junior in the chambers of Justice VM Tharkunde, and Soli J Sorabjee. He was a member of the amicus team in the Jain Hawala case.A major portion of his legal career was devoted to the issue of human rights like defending political prisoners, Afghan and Iranian refugees.  He conducted the Public Interest Litigation relating to Shahdara mental hospital, Delhi, which ultimately with the intervention of the...

Supreme Court Weekly Round-Up

The statement “inclusive of all taxes” does not mean the assessee admitted charging Sales taxThe Supreme Court in Deputy Commissioner of Commercial Taxes (Vigilance) Versus M/s Hindustan Lever Limited, observed that the statement on the packaged product ‘inclusive of all taxes’, means all taxes which were leviable, were already included in the price mentioned and it should not...

National Human Rights Commission (NHRC) - A ‘Toothless Tiger’? SC to examine

The Supreme Court on Friday proposed to consider the grievance of the National Human Rights Commission (NHRC) that it had become a “toothless tiger”.“We propose to consider the grievance of the NHRC that it has become a toothless tiger, after hearing the Union of India and the NHRC on this important issue. We also propose to consider the nature of the guidelines issued by the NHRC...

Manipur Extra Judicial Killings: Allegation of excessive force by Police or Armed Forces must be thoroughly enquired into: SC [Read Judgment]

Supreme Court of India Today has held that an allegation of excessive force resulting in the death of any person by the Manipur Police or the Armed forces in Manipur must be thoroughly enquired into. The Two Judge Bench comprising of Justices Madan B Lokur and Uday Umesh Lalit also held that even while dealing with the ‘enemy’ the rule of law would apply and if there have been excesses...