Supreme Court Weekly Digest (8th May 2023-14th May 2023)
Padmakshi Sharma
16 May 2023 7:15 PM IST
Welcome to Live Law's Supreme Court Weekly Digest. This week's edition is particularly significant, marked by several landmark judgments that have captured the nation's attention. Notably, the Supreme Court rendered its decisions in the long-standing Shivsena dispute as well as the contentious Delhi versus Lieutenant Governor (LG) dispute on the same day. Furthermore, the Supreme Court...
Welcome to Live Law's Supreme Court Weekly Digest. This week's edition is particularly significant, marked by several landmark judgments that have captured the nation's attention. Notably, the Supreme Court rendered its decisions in the long-standing Shivsena dispute as well as the contentious Delhi versus Lieutenant Governor (LG) dispute on the same day. Furthermore, the Supreme Court also reserved its judgment on the highly anticipated petitions related to marriage equality, an issue of profound societal significance that has garnered widespread debate and discourse. As we embark on this legal exploration, we aim to provide a comprehensive understanding of these significant rulings and their far-reaching implications within the framework of Indian jurisprudence.
Judgements/Orders
[Case Title: Sanket Kumar Agarwal & Anr v APG Logistics Private Limited]
Citation: 2023 LiveLaw (SC) 406
The Supreme Court has held that for the purpose of computing limitation for filing of appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the time taken by Tribunal for providing certified copy of order to be challenged ought to be excluded from computation of limitation.
[Case Title: M/s. Jermyn Capital LLC Dubai v. CBI And Ors. | Special Leave Petition (Crl) No. 9134 of 2018]
Citation: 2023 LiveLaw SC 412
The Supreme Court set aside freeze order and subsequent bank guarantee imposed on a Foreign Institutional Investor company as those actions were found to be taken on the basis of a criminal case pending against a person, who had no connection with the company.
[Case Title: CS Gopalakrishnan etc. v. The State of Tamil Nadu and others]
Citation : 2023 LiveLaw (SC) 413
The Supreme Court held that the Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no basis in challenging the Act on the ground that is repugnant to the RFCTLARR Act.
[Case Title: M/s. Shree Vishnu Constructions vs The Engineer in Chief Military Engineering Service & Ors.]
Citation : 2023 LiveLaw (SC) 417
The Supreme Court has ruled that where the notice invoking arbitration is issued prior to the coming into force of the Arbitration and Conciliation (Amendment) Act, 2015, i.e., prior to 23.10.2015, and the application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking appointment of an arbitrator, is made post the enforcement of the Amendment Act, the 2015 Amendment Act shall not be applicable.
[Case Title: Calcutta State Transport Corporation vs Ashit Chakraborty]
Citation : 2023 LiveLaw (SC) 419
In a judgment affirming the rights of pensioners, the Supreme Court held that retired employees cannot be made to suffer due to mistakes committed by their employers.
[Case Title : Government of NCT of Delhi vs Union of India]
Citation : 2023 LiveLaw (SC) 423
The Supreme Court held that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land. The Lieutenant Governor shall be bound by the decision of Delhi government over services, apart from public order, police and land, it held.
[Case Title: Subhash Desai v. Principal Secretary, Governor of Maharashtra And Ors. WP(C) 493/2022]
Citation : 2023 LiveLaw (SC) 422
In the matter pertaining to the Shiv Sena rift, the Supreme Court Constitution bench held that it cannot order the restoration of the Uddhav Thackeray government as he resigned without facing floor test. Since Thackeray voluntarily resigned, the Court held that the Governor was right in inviting Ekanth Shinde form the government with the support of BJP.
[Case Title: State of Meghalaya v. Union of India Original Suit No. 1/2021]
Citation : 2023 LiveLaw (SC) 427
The Supreme Court decided the preliminary objections on the maintainability of State of Meghalaya’s suit challenging Section 5 of the Lotteries (Regulation) Act 1998 in favour of the State. It held that the State of Meghalaya is entitled to take the matter forward on the merits.
Be Vigilant Before Invoking Stringent Laws Like SC-ST Act : Supreme Court 'Reminds' Police Officers
[Case Title: Sri Gulam Mustafa vs State of Karnataka]
Citation: 2023 LiveLaw (SC) 421
The Supreme Court observed that the police officers have to be vigilant before invoking provisions of stringent laws like SC-ST (Prevention of Attrocities) Act.
[Case Title: Indira Jaising v. Supreme Court of India MA 709/2022 in WP(C) No. 454/2015]
Citation : 2023 LiveLaw (SC) 425
The Supreme Court passed directions in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment.
Supreme Court Stays Promotion Of Judicial Officers As District Judges In Gujarat
[Case Title: Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors. | Writ Petition (Civil) No. 432 of 2023]
Citation : 2023 LiveLaw (SC) 426
The Supreme Court stayed the promotion of judicial officers as District Judges in the State of Gujarat, after taking exception to the State Government notifying the promotions while the legality of the promotions was a sub-judice issue before the Court.
[Case Title: Aureliano Fernandes Versus State Of Goa And Others | Civil Appeal No. 2482 Of 2014]
Citation : 2023 LiveLaw (SC) 424
In a significant judgement, the Supreme Court of India has issued a slew of directions for the proper implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act] all over the country.
[Case Title: M. Suresh Kumar Reddy v Canara Bank & Ors.]
Citation : 2023 LiveLaw (SC) 428
The Supreme Court has held that if the existence of a financial debt and its default on the part of Corporate Debtor has been proved, then the National Company Law Tribunal (“NCLT”) is left with no option apart from admitting the petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).
[Case Title: Adivasis for Social and Human Rights Action v. Union of India And Ors.| Civil Appeal No. 2202 of 2012]
Citation: 2023 LiveLaw SC 431
The Supreme Court, on May 10, dismissed a plea, inter alia, contending that the Representation of the People Act, 1950 and the Delimitation Act, 2002 are not applicable to the Scheduled Area in absence of the notification issued by the Governor of the State under Clause 5(1) of the Fifth Schedule of the Constitution of India.
[Case Title: M.K. Rajagopalan v Dr. Periasamy Palani Gounder]
Citation: Civil Appeal Nos. 1682-1683 of 2022
The Supreme Court has held that if a modified resolution plan, carrying however minor modification/revision, is not finally approved by Committee of Creditors (CoC), then presentation of such modified plan before the Adjudicating Authority for approval is an incurable material irregularity. No modified resolution plan can be placed directly before the NCLT, without being finally approved by the CoC.
[Case Title: Union of India & Ors. vs A. B. P. Pvt Ltd & Anr.]
Citation : 2023 LiveLaw (SC) 430
The Supreme Court has upheld the withdrawal of a customs notification which granted customs duty concession to “Rotary Printing Machine” of ‘single width two plate variety’, on the ground of indigenous angle, i.e., availability of the equipment in India. The top court remarked that the same cannot be characterized as an irrelevant factor for withdrawing tax concession.
Supreme Court Reprimands HUDA Authority For Filing Frivolous Appeal; Imposes Cost Of Rs. 1 Lakh
[Case Title: Haryana Urban Development Authority & Anr. v Jagdeep Singh]
Citation : 2023 LiveLaw (SC) 429
The Supreme Court has reprimanded the Haryana Urban Development Authority (“HUDA Authority”) for filing frivolous litigation over issues that have already been settled by the Apex Court in judgments dating back to 2005.
[Case Title: M/s K.B. Tea Product Pvt Ltd & Anr vs Commercial Tax Officer, Siliguri & Ors]
Citation : 2023 LiveLaw (SC) 428
The Supreme Court bench comprising Justices M.R. Shah and Krishna Murari has rendered a split verdict on the issue concerning the applicability of the doctrine of legitimate expectation where a tax holiday/ sales tax exemption granted to the appellant- manufacturer was stopped pursuant to the amendments made to the West Bengal Sales Tax Act, 1994.
[Case Title: Reliance Infrastructure Ltd. vs State of Goa | CA 3615 OF 2023 | 10 May 2023]
Citation: 2023 LiveLaw (SC) 416
The Supreme Court observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence.
[Case Title: Santosh @ Bhure v. State (G.N.C.T.) of Delhi; State v. Neeraj]
Citation : 2023 LiveLaw (SC) 418
The Supreme Court recently set aside the conviction of a convict and upheld the acquittal of the co-accused in a murder case on the ground that the prosecution has failed to prove the chain of incriminating circumstances as to conclusively prove the guilt of the accused persons.
Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
[Case Title: State of Madhya Pradesh v. Phoolchand Rathore]
Citation : 2023 LiveLaw (SC) 408
The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances (i.e. motive, disclosure, recovery, and extra judicial confession) beyond reasonable doubt.
[Case Title: Haryana Power Purchase Centre vs Sasan Power Ltd & Ors.]
Citation : 2023 LiveLaw (SC) 409
The Supreme Court has ruled that in a case where the matter is governed by the express terms of the contract, the Central Electricity Regulatory Commission cannot, even donning the garb of a regulatory body, go beyond the express terms of the contract.
[Case Title: Heinz India Limited v The State of Kerala]
Citation: 2023 LiveLaw (SC) 411
The Supreme Court Bench has held that prickly heat powders fall under the category of ‘medicated talcum powder’ and not ‘medicine’ for the purpose of sales tax under Kerala General Sales Tax Act, 1963 (“KGST Act”). Whereas, under the Tamil Nadu General Sales Tax Act, 1959 (“TNGST Act”), prickly heat powder would be taxed as a cosmetic.
[Case Title : Chief General Manager, BSNL vs MJ Paul and others]
Citation : 2023 LiveLaw (SC) 414
The Supreme Court has reiterated that directions interfering with the examination process by way of calling for answer-sheets, recording a finding on non- evaluation or mandating the process of re-evaluation cannot be issued by courts.
[Case Title: Indian Oil Corporation vs Sathyanarayana Service Station | CA 3533 OF 2023 | 9 May 2023]
Citation: 2023 LiveLaw (SC) 415
The Supreme Court observed that, in arbitration cases, a Court cannot, after setting aside the award, proceed to grant further relief by modifying the award.
The petitioners who have filed a petition in the Supreme Court alleging widespread attacks against Christians in the country have urged the Court to appoint a monitoring agency to effectively supervise the criminal investigations taking place in "troubled spots" in the country.
The Supreme Court refused to entertain the petition filed by YouTuber Manish Kashyap seeking to club the FIRs registered against him in Bihar and Tamil Nadu over spreading fake news about the attacks on Biharis in Tamil Nadu through fake videos uploaded in his YouTube channel.
Srinivas BV, National President of Indian Youth Congress, has approached the Supreme Court seeking relief in respect to the FIR registered in Assam on a sexual harassment complaint lodged by an expelled party member.
The Supreme Court of India asked the Trial Court to complete trial in the Malayalam actor assault case by July 31.
The Supreme Court issued notice in a petition challenging the decision of the Bihar Government to grant premature release to former Bihar MP Anand Mohan in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.
The Supreme Court expressed its strong displeasure at a Bar Association for passing resolutions to obstruct the work of lawyers appointed as volunteers under the Legal Aid Defence System of the National Legal Services Authority.
The Campaign for Judicial Accountability and Reforms (CJAR) urged the Supreme Court to recall its order deferring grant of default bails to accused all across the nation, on the basis of findings in the recent judgment of Ritu Chhabaria v. Union of India.
While recording the statement of the Union Government that no violence has taken place in the State of Manipur during the last two days and that normalcy is returning to the State, the Supreme Court asked it to ensure that due arrangements are made in relief camps in terms of food and medicines. The Court further told the Union Government to ensure that steps are taken to rehabilitate displaced persons and to protect places of worship.
The Supreme Court reserved judgment on a batch of petitions challenging the third extension given to the term of Enforcement Directorate chief SK Mishra and also the Central Vigilance Commission (Amendment) Act, 2021. A three-judge bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol heard the matter.
The Supreme Court on issued notice in the special leave petition filed by M Sivasankar, former Principal Secretary to the Chief Minister of Kerala, in the money laundering case in connection with the LIFE ((Livelihood, Inclusion and Financial Empowerment) Mission corruption case. LIFE project is a housing project initiated by the Kerala Government for the homeless.
40% Of Litigation By Centre & States Unnecessary & Frivolous: Supreme Court
The Supreme Court orally expressed its disapproval over the central and the state governments’ practice of filing ‘frivolous’ and ‘unnecessary’ appeals.
Supreme Court Reserves Order In Petition Challenging Promotion Of District Judges In Gujarat
The Supreme Court reserved order in a petition challenging the recommendations for the promotion of the District Judges in Gujarat.
Supreme Court Issues Corrigendum Regarding Vacation Benches [Read About Updated List]
The Supreme Court of India issued a corrigendum with respect to the composition of the benches that will hear cases during the summer vacation commencing from Monday, May 22 to Sunday, July 2. The only changes are with respect to the inter se ordering of the benches in two particular slots (May 22 - May 28, and June 26 - July 2), depending on the seniority of the presiding judges.
The Supreme Court today issued notice to the Director General of Civil Aviation (DGCA) in the plea filed by the 72-year-old victim in the Air India urination incident who has sought directions to the DGCA and Airline companies to lay down SoPs and regulations to deal with incidents of passenger misconduct on board.
Supreme Court Rejects Bail Plea Of Former UP MLA Kamlesh Pathak In Gangster Act Case
The Supreme Court refused to entertain the bail plea filed by former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him. Pathak approached the Apex Court challenging the order of the Allahabad High Court denying bail.
The Supreme Court directed the Registrar of the Allahabad High Court to forthwith file a report on status of a criminal appeal filed in 2014 that has been awaiting pronouncement by the High Court since August 2022.
The Supreme Court orally remarked that the High Court of Manipur did not have the remit to direct the state government to recommend a tribe for the Scheduled Tribes List. The remark came while a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the matters pertaining to the ongoing unrest in the State of Manipur.
The Supreme Court dismissed a plea filed by the Directorate of Enforcement challenging the order of the Delhi High Court granting bail to former Mumbai Police Commissioner Sanjay Pandey in a money laundering case related to the alleged illegal phone tapping of employees by National Stock Exchange (NSE).
Inclusion of live-in couples and queer couples within the ambit of the Surrogacy Act would open the scope of ‘misuse’ of such facilities and it would be difficult to ensure the best future for the child born through surrogacy, the Centre has told the Supreme Court.
The Supreme Court agreed to list on May 15 2023 a plea challenging the Kerala High Court order refusing to stay the release of the controversial film 'The Kerala Story', which hit theatres on May 5 2023. The plea moved by journalist Qurban Ali was mentioned by Senior Advocate Kapil Sibal before a bench comprising CJI DY Chandrachud and Justice PS Narasimha.
The Supreme Court questioned the Bar Council of India on the steps to be taken to ensure that advocates do not go on strikes, abstaining from court work.
The Supreme Court expressed its disapproval of the public comments being made by public functionaries on the Karnataka Muslim OBC reservation matter, when the same issue is pending adjudication before the Court.
The Supreme Court has deprecated the practice of NCLAT whereby physical filing of appeals has been made mandatory in addition to e-filing of appeals.
The Supreme Court of India, while hearing a batch of petitions seeking legal recognition for same sex marriages in India, observed that the Indian Constitution itself is a "tradition breaker".
Transcripts Of Court Proceedings Will Be Made Available In Regional Languages : CJI DY Chandrachud
CJI DY Chandrachud orally remarked that the Supreme Court had been, on an administrative side, working towards making transcripts of court proceedings available in regional languages.
The Supreme Court reserved orders on a plea moved by former IPS Officer Sanjiv Bhatt seeking the recusal of Justice MR Shah from hearing his case.
The Supreme Court of India adjourned to July 11, the hearing in a set of pleas against the premature release of the life convicts in the Bilkis Bano case. In light of the petitioners' submission that one of the respondents could not be found to complete the service of notice, the bench directed steps to be taken to serve him with a fresh notice, and to publish a public notice in two daily Gujarati newspapers.
The makers of the controversial film 'The Kerala Story' have approached the Supreme Court challenging the decision of the West Bengal Govt to ban the movie. They also allege that the movie is facing a 'shadow' ban in Tamil Nadu and seek protection for screening the film in the southern state.
The Supreme Court Constitution bench comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha continued hearing the marriage equality petitions.
Supreme Court judge KM Joseph referred to India’s plummeting rank in the World Press Freedom Index published by non-profit organisation Reporters sans Frontières (RSF) earlier this month. India has fallen to the 161st position out of 180 countries as per the 2023 edition of the index, slipping down 11 notches.
Future Coupons Case: Supreme Court Stays CCI’s Notice To Amazon On Rs 200 Crore Penalty
In relief to the e-commerce giant, Amazon.com NV Investment Holdings LLC, the Supreme Court on May 8 stayed the Rs. 200 crore penalty imposed by the Competition Commission of India on the former in the Future coupons case.
The Supreme Court sought the stand of the Lakshadweep administration on a plea which challenged the removal of meat and chicken from Mid-day meal scheme in island Union Territory.
The Supreme Court agreed to hear on May 12 the petition filed by the makers of the controversial film 'The Kerala Story' challenging the decision of the West Bengal Govt to ban the movie. Senior Advocate Harish Salve mentioned the matter before a bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha seeking urgent listing.
Supreme Court Judge Justice MR Shah Refuses To Recuse From Hearing Sanjiv Bhatt's Plea
The Supreme Court dismissed the plea moved by former IPS Officer Sanjiv Bhatt seeking the recusal of Justice MR Shah from hearing his case.
The Supreme Court dismissed the petition filed by former IPS officer Sanjiv Bhatt seeking to produce additional evidence in the criminal appeal pending in the Gujarat High Court against his conviction and sentence in a 1990 custodial death case.
Supreme Court Rejects Plea Seeking Recusal Of CJI DY Chandrachud From Hearing Same-Sex Marriage Case
The Supreme Court rejected an application by an intervenor named seeking the recusal of Chief Justice of India DY Chandrachud from hearing the petitions seeking legal recognition for same-sex marriages.
The Supreme Court Collegium has recommended to elevate Advocate Arun Kumar as a Judge of the Allahabad High Court.
Solicitor-General for India Tushar Mehta told the Supreme Court that only seven states had responded to central government’s April 18 letter inviting comments and views on the ‘seminal issues’ raised in the marriage equality petitions.
Will Take a Call On Compensating Amicus Curiae In Forest Matter, Says Supreme Court
Supreme Court judge BR Gavai revealed that the top court would soon ‘take a call’ on compensating K Parameshwar, advocate and amicus curiae in the omnibus forest protection matter (TN Godavarman) in terms of the payment received by empanelled counsel of the Union of India.
On the ninth day of the argument in the marriage equality case, the Supreme Court discussed the rights of adoption granted to different family types including people living in live-in relationships and single parents.
In the matter pertaining to marriage equality in India, on the ninth day of the arguments, Senior Advocate Dr AM Singhvi submitted before the Supreme Court his rejoinder arguments.
The Bihar Government has moved the Supreme Court with a Special Leave Petition (SLP) challenging the Patna High Court's May 4 order putting an interim stay on the caste-based survey in the state. In its order, the HC also stayed dissemination of the information collected to the political parties, calling it a matter concerning right to privacy.
The Supreme Court issued notice in a miscellaneous application seeking compliance of the judgment of the Apex Court in Anuradha Bhasin v. Union of India And Ors. wherein it had laid down guidelines with respect to internet shutdown.
On the final day of hearings in the marriage equality case before the Supreme Court, the counsels for petitioners argued their rejoinder submissions on rights of queer couples to adopt and raise children, on workability of relief sought by the petitioners, and on statutory interpretation among other things.
The Constitution bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha today reserved its judgement in the petitions seeking for marriage equality for queer persons in India. This article details rejoinder submissions made by counsels for petitions.
Plea In Supreme Court Seeks Additional Stop For 'Vande Bharat' Train In Kerala
A lawyer has moved the Supreme Court against the Kerala High Court's dismissal of the plea seeking issuance of a direction to the Southern Railways to permit a stop for the 'Vande Bharat Train Service' at Tirur Railway Station in Malappuram District.
CJI DY Chandrachud Launches 'E-Sewa Kendras' In Supreme Court To Help Parties With E-Filing
Chief Justice of India DY Chandrachud today announced the launch of 'e-filing 2.0' and 'e-Sewa Kendra and Facilitation Centre' in the Supreme Court.
The Supreme Court clarified that its judgment, which mandated that borrowers should be heard by banks before their accounts are classified as fraudulent in terms of the RBI master circulars, did not mean that they should be personally heard.
The Supreme Court issued notice to the States of West Bengal and Tamil Nadu on a writ petition filed by the makers of the controversial film 'The Kerala Story' challenging the decision of the West Bengal Government to ban the movie. The makers also alleged that the movie was facing a 'shadow' ban in Tamil Nadu and sought protection for screening the film in the southern state.
The Supreme Court adjourned to May 15 the hearing of the application filed by the Securities and Exchange Board of India (SEBI) seeking six months more time to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.
The Supreme Court clarified that its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, shall not preclude any trial courts or High Courts from considering applications for grant of default bail independent of and without relying on the judgement in Ritu Chhabaria.
In a plea challenging the high enrollment fee charged by state bar councils for new lawyers, the Supreme Court asked how could the State Bar Councils charge more than the fee prescribed by Section 24(1)(e) of the Advocates Act 1961, which prescribe that the enrolment fee payable to the State Bar Council is Rs 600 and the Bar Council of India is Rs 150.
The Supreme Court issued notice in a plea by an Indian Police Service (IPS) officer named Aditya Kumar who allegedly persuaded a suspected conman to pose as the chief justice of Patna High Court in order to dupe the director general of police to drop a corruption case against him.
Supreme Court Bids Farewell To Justice Dinesh Maheshwari
Judge of the Supreme Court Justice Dinesh Maheswari speaking at the farewell function organised by the Supreme Court Bar Association (SCBA) on the occasion of his retirement said “A judge doesn’t stand for the plaintiff or the defendant or the complainant or the accused. Just look at the cause and nothing else. Nothing else matters for a judge.”
The Delhi Government has again approached the Supreme Court complaining that the Union Government is not approving its decision to transfer a Secretary, despite a Constitution Bench upholding the powers of the Delhi Government to control services (except those related to public order, police and land).
The Supreme Court considered a special leave petition filed by some of the victims of the 2008 Jaipur serial bomb blasts challenging the judgment of the Rajasthan High Court which acquitted four persons who were convicted to death by the trial court in the case.
Speaking at a lecture organised by Aligarh Muslim University on ‘Supreme Court and the Evolution of the Indian Constitution’, Judge of the Supreme Court, Justice Krishna Murari said that “an important facet of protection of fundamental rights and constitutional values is the role played by the members of the bar over the years. Their contribution to the development of constitutional law and jurisprudence is monumental.”
