Article 370 Judgment | Constitution Amendments Through Circuitous Manner Not Permissible; Article 368 Procedure Must Be Followed : Supreme Court

In the Article 370 case, the Supreme Court categorically held that amendments to substantive provisions of the Constitution cannot be made by executive notifications. The amendments to Constitutional provisions have to be carried out by following the procedure prescribed under Article 368, that is by passing an amendment bill in the Parliament with the backing of the prescribed...

Article 370 Judgment | Why Supreme Court Upheld Repeal Of J&K Special Status Despite Invalidating Changes To Article 367? Explained

A Constitution Bench of the Supreme Court yesterday upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. While doing so, the bench comprising CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant held that the Constitution (Application to Jammu...

Prashant Bhushan Writes To SC Registry Seeking Reasons For Deletion Of Petitions Against Centre's Delay In Judges' Appointments From Causelist

Advocate Prashant Bhushan has written to the Registrar of the Supreme Court seeking reasons for deletion of the petitions against Centre's delay in judges' appointments, without the knowledge or information of the presiding Judge and despite a judicial order for a specific date listing. On 5th December, Bhushan, appearing for one of the petitioners (Centre For Public Interest Litigation) in...

Manipur Violence | Supreme Court Refuses To Entertain PIL To Set Up Commission To Resolve Differences Between Ethnic Groups

The Supreme Court on Monday (December 11) refused to entertain a Writ Petition filed under Article 32 of the Constitution seeking directions to constitute a commission of enquiry to aid in resolving the differences between the three ethnic communities of the State of Manipur, namely the Nagas, Meiteis and Kukis. The bench comprising the CJI, D.Y. Chandrachud and Justices J.B. Pardiwala...

Supreme Court Pulls Up Delhi Govt For 'Lackadaisical Approach' In Disbursing Funds To Delhi Judiciary

On Monday, the Supreme Court expressed strong dismay over the delay by the Delhi Government in approving funds for infrastructure projects in the Delhi High Court (HC). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra directed for a meeting to be convened by the Chief Justice of Delhi High Court and attended by the Chief Secretary of Government of...

Parliament Can Carve Out A Union Territory From A State; Views Of State Only Recommendatory: Supreme Court

While upholding the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, the Supreme Court also affirmed the power of the Parliament to carve out a Union Territory from a State.Holding so, a Constitution Bench led by Chief Justice of India DY Chandrachud upheld the Jammu and Kashmir Reorganisation Act 2019 to the extent it created the Union Territory of...

TMC's Mahua Moitra Moves Supreme Court Challenging Her Expulsion From Lok Sabha Over Cash-For-Query Allegations

Lok Sabha MP from Trinamool Congress (TMC), Mahua Moitra has approached the Supreme Court challenging her expulsion from the lower house of Parliament in connection with the 'cash-for-query' allegations. 49-year-old Moitra was expelled as a Lok Sabha Member of Parliament (MP) on December 8 following the Ethics panel's determination of her guilt in the 'cash-for-query' case. For...

Justice Kaul Recommends "Truth & Reconciliation Commission" To Report Human Rights Violations In Jammu & Kashmir By State & Non-State Actors

Supreme Court judge Justice Sanjay Kishan Kaul, in his judgment approving the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, recommended the setting up of a "Truth and Reconciliation Commission" to investigate and report on the human rights violations carried out by both the State and non-State actors in the Kashmir valley at least since 1980s.In...

Restore Statehood Of Jammu & Kashmir Soon, Hold Elections To J&K Assembly By September 2024 : Supreme Court

The Supreme Court today (11.12.2023) directed the Union Government to expedite the process of restoration of statehood for Jammu and Kashmir (without the Union Territory of Ladakh). The Constitution Bench led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, upheld the validity of the Union Government's 2019 decision...

Article 370 A Temporary Provision : Supreme Court Upholds Abrogation of Special Status of Jammu and Kashmir

The Supreme Court on December 11 upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. The Court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held...

Supreme Court Half Yearly Digest 2023 – Civil Minor Acts

Administrative Tribunals Act, 1985Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association...

Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants

Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers (respondents) of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Apart from this, the Court also noted that the victim was living separately and not with his...