Home
/

Top Stories
/
Supreme Court Annual Digest 2022-...

Supreme Court Annual Digest 2022- Constitution of India

LIVELAW NEWS NETWORK

8 Jan 2023 1:23 PM IST

Article 2 - Admission or establishment of new States

Constitution of India, 1950; Articles 2, 3 13, 19(1)(e) - Andhra Pradesh State Reorganisation Act, 2014 - There is only one domicile i.e. domicile of the country and there is no separate domicile for a State -The Reorganization Act or any guidelines framed thereunder cannot take away from citizens, the right to reside and settle in any part of the country - When a State is divided and the employees and officers of the State Government have to be allotted to the two states, such allocation has to be done on the basis of the Rules and Regulations and by guidelines - However they have to be construed harmoniously with the fundamental rights guaranteed under the Constitution of India. (Para 59-68) State of Telangana v. B. Subba Rayadu, 2022 LiveLaw (SC) 767 : AIR 2022 SC 4373

Article 12 - Fundamental Rights - Definition

Constitution of India, 1950; Article 12 - State - The determination of a body as a 'State' is not a rigid set of principles. What is to be seen is whether in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of the Government, albeit if the control is mere regulatory, whether under statute or otherwise, it will not serve to make the body a State. Also, the presence of some element of public duty or function would not by itself suffice for bringing a body within the net of Article 12. (Para 6) Kishor Madhukar Pinglikar v. Automotive Research Association of India, 2022 LiveLaw (SC) 189

Constitution of India, 1950; Article 12 - State - Whether Automotive Research Association of India Is A State -The majority of the members of the Association are associated with the manufacturers of the automobiles or their components and are not in service of the government. They are private players and from the motor vehicle industry - The main objective and function of the association relate to motor vehicles which is not directly or indirectly a field connected with functions of the government - One function assigned to the Association, which is not the primary and forms a small fraction of their activities and functions performed by the Association, would not matter. An overall and holistic view of the functions and activities, including the primary function(s), should be taken into consideration - Association is not an agency or instrumentality of the Government. Further, the Government does not have deep and pervasive control over it. (Para 18 - 24) Kishor Madhukar Pinglikar v. Automotive Research Association of India, 2022 LiveLaw (SC) 189

Constitution of India, 1950; Article 12 - While exercising its functions on the administrative side, the High Court would also be a State within the meaning of Article 12 of the Constitution of India. (Para 39) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

Article 14 - Equality before law

Constitution of India, 1950; Article 14 - Appeal filed by power distribution companies assailing the order of Appellate Tribunal for Electricity, New Delhi which had directed the Andhra Pradesh Electricity Regulatory Commission to dispose of two applications filed by the parties before it. Displeased with the conduct of the appellants in the dispute the Court imposed a cost of Rs. 5,00,000 (five lakhs) on them. Southern Power Distribution Power Company Ltd. v. Hinduja National Power Corporation Ltd., 2022 LiveLaw (SC) 117 : (2022) 5 SCC 484

Constitution of India, 1950; Article 14 - Classification Test - When there is a reasonable basis for a classification adopted by taking note of the exigencies and diverse situations, the Court is not expected to insist on absolute equality by taking a rigid and pedantic view as against a pragmatic one - When the differentiation is clearly distinguishable with adequate demarcation duly identified, the object of Article 14 gets satisfied. Social, revenue and economic considerations are certainly permissible parameters in classifying a particular group - Courts could not act like appellate authorities especially when a classification is introduced by way of a policy decision clearly identifying the group of beneficiaries by analysing the relevant materials - When a classification is made on the recommendation made by a body of experts constituted for the purpose, courts will have to be more wary of entering into the said arena as its interference would amount to substituting its views, a process which is best avoided. (Para 14-18) State of Uttarakhand v. Sudhir Budakoti, 2022 LiveLaw (SC) 354 : AIR 2022 SC 1767

Constitution of India, 1950; Article 14 - does not prohibit the classification of persons or class of persons provided it is not arbitrary - classification has to be reasonable - classification is permissible provided it is founded on an intelligible differentia - classification must have a rational nexus to the objects sought to be achieved by it - whether Haj Committees under the 2002 Act, can be treated as a separate class - on the ground both HGOs and the Haj Committee render service to the same class of persons, the classification made by treating the Haj Committee as a separate class, cannot be questioned - different classes of service providers rendering the same service to the same class of service recipients does not amount to discrimination - Haj Committee is a statutory committee which is entrusted with various functions for the welfare of Haj pilgrims - profit motive is completely absent in the case of the Haj Committee - Haj Committee constitutes a class in itself when it comes to rendering service to Haj pilgrims - it is a separate class as distinguished from HGOs. [Para 56, 60] All India Haj Umrah Tour Organizer Association Mumbai v. Union of India, 2022 LiveLaw (SC) 632

Constitution of India, 1950; Article 14 - Equal Protection of Law - Atypical families which are different from traditional family units also entitled to equal protection of law- Familial relationships may take the form of domestic, unmarried partnerships or queer relationships. A household may be a single parent household for any number of reasons, including the death of a spouse, separation, or divorce. These manifestations of love and of families may not be typical but they are as real as their traditional counterparts. Such atypical manifestations of the family unit are equally deserving not only of protection under law but also of the benefits available under social welfare legislation. (Para 26) Deepika Singh v. Central Administrative Tribunal, 2022 LiveLaw (SC) 718 : AIR 2022 SC 4108

Constitution of India, 1950; Article 14 - Every action of a State is required to be guided by the touchstone of nonarbitrariness, reasonableness and rationality. Every action of a State is equally required to be guided by public interest. Every holder of a public office is a trustee, whose highest duty is to the people of the country. The Public Authority is therefore required to exercise the powers only for the public good. (Para 100) Southern Power Distribution Power Company Ltd. v. Hinduja National Power Corporation Ltd., 2022 LiveLaw (SC) 117 : (2022) 5 SCC 484

Constitution of India, 1950; Article 14 - Interplay between the plea of legitimate expectation and Article 14 - For a decision to be non arbitrary, the reasonable/legitimate expectations of the claimant have to be considered. However, to decide whether the expectation of the claimant is reasonable or legitimate in the context, is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimant's perception but in larger public interest wherein other more important considerations may outweigh what would otherwise have been the legitimate expectation of the claimant. (Para 14)] State of West Bengal v. Gitashree Dutta (Dey), 2022 LiveLaw (SC) 527

Constitution of India, 1950; Article 14 - Non-consideration of the relevant material and consideration of the extraneous material would come into the realm of irrationality. An action which is arbitrary, irrational and unreasonable would be hit by Article 14 of the Constitution of India. (Para 66) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

Constitution of India, 1950; Article 14 - Policy Decision - The policy of the State of Rajasthan is that while selecting Nurse Compounder Junior Grade, the bonus marks are to be given to such employees who have done similar work under the State Government and under the various schemes - Whether such bonus marks would also be available to the contractual employees working under the NHM/NRHM schemes in other States - The policy of the State of Rajasthan to restrict the benefit of bonus marks only to such employees who have worked under different organizations in the State of Rajasthan and to employees working under the NHM/NRHM schemes in the State of Rajasthan, cannot be said to be arbitrary. (Para 22) Satya Dev Bhagaur v. State of Rajasthan, 2022 LiveLaw (SC) 177 : (2022) 5 SCC 314

Constitution of India, 1950; Article 14 - Reasonable Classification - It is well within the power and authority of the statutory authorities to reasonably classify different sets of employees and categorise them for the nature of benefits they might get from an existing scheme-classification of the employees made by the authorities on the basis of the salary drawn in the 2014 amendment meets the test of reasonable classification contemplated in Article 14 of the Constitution of India. (Para 30, 32) Employees Provident Fund Organization v. B. Sunil Kumar, 2022 LiveLaw (SC) 912 : AIR 2022 SC 5634

Constitution of India, 1950; Article 14 - Right to equality - The right against unfair State action is part of Article 14. Unequals being treated equally is tabooed under Article 14 of the Constitution. (Para 8) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 14 - The differential treatment for different classes would not be hit by Article 14 of the Constitution of India. The only requirement would be, as to whether such a classification has a nexus with the object sought to be achieved by the Act. (Para 31) Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366 : AIR 2022 SC 1799 : (2022) 6 SCC 65

Constitution of India, 1950; Article 14 - There is a presumption of validity of the State action and the burden is on the person who alleges violation of Article 14 of the Constitution of India to prove the assertion - Where no plausible reason or principle is indicated nor is it discernible and the impugned State action appears to be arbitrary, the initial burden to prove the arbitrariness is discharged, thereby shifting onus on the State to justify its action as fair and reasonable. If the State is unable to produce material to justify its action as fair and reasonable, the burden on the person alleging arbitrariness must be held to be discharged. (Para 55) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

Constitution of India, 1950; Article 14 - There is no negative equality - If there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or equality. (Para 24) R. Muthukumar v. Chairman and Managing Director Tangedco, 2022 LiveLaw (SC) 140 : 2022 (3) SCALE 241

Constitution of India, 1950; Article 14 and 16 - Service Law - An amendment having retrospective operation which has the effect of taking away the benefit already available to the employee under the existing rule indeed would divest the employee from his vested or accrued rights and that being so, it would be held to be violative of the rights guaranteed under Articles 14 and 16 of the Constitution. (Para 47) Punjab State Co. Agri. Bank Ltd. v. Registrar, 2022 LiveLaw (SC) 42 : AIR 2022 SC 1349 : (2022) 4 SCC 363

Constitution of India, 1950; Article 14, 15, 16 - Differentia which is the basis of classification must be sound and must have reasonable relation to the object of the legislation. If the object itself is discriminatory, then explanation that classification is reasonable having rational relation to the object sought to be achieved is immaterial. (Para 71-72) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 : AIR 2022 SC 1865

Constitution of India, 1950; Article 14, 15, 16 - While caste can be the starting point for providing internal reservation, it is incumbent on the State Government to justify the reasonableness of the decision and demonstrate that caste is not the sole basis. (Para 54) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 : AIR 2022 SC 1865

Constitution of India, 1950; Article 14, 226 - Arbitrariness - When an act is to be treated as arbitrary? The court must carefully attend to the facts and the circumstances of the case. It should find out whether the impugned decision is based on any principle. If not, it may unerringly point to arbitrariness. If the act betrays caprice or the mere exhibition of the whim of the authority it would sufficiently bear the insignia of arbitrariness. In this regard supporting an order with a rationale which in the circumstances is found to be reasonable will go a long way to repel a challenge to state action. No doubt the reasons need not in every case be part of the order as such. If there is absence of good faith and the action is actuated with an oblique motive, it could be characterised as being arbitrary. A total non-application of mind without due regard to the rights of the parties and public interest may be a clear indicator of arbitrary action. A wholly unreasonable decision which is little different from a perverse decision under the Wednesbury doctrine would qualify as an arbitrary decision under Article 14. Ordinarily visiting a party with the consequences of its breach under a contract may not be an arbitrary decision. (Para 48) MP Power Management Company Ltd. v. Sky Power Southeast Solar India Pvt. Ltd., 2022 LiveLaw (SC) 966

Constitution of India, 1950; Article 14 - 16 - Substantial Equality - Discrimination both direct and indirect is contrary to the vision of substantive equality -The true aim of achieving substantive equality must be fulfilled by the State in recognizing the persistent patterns of discrimination against women once they are in the work place. (Para 46-48) S.K. Nausad Rahman v. Union of India, 2022 LiveLaw (SC) 266 : AIR 2022 SC 1494

Constitution of India, 1950; Articles 14, 15 - Appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India - Appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement - Appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement. If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified. (Para 8) Ahmednagar Mahanagar Palika v. Ahmednagar Mahanagar Palika Kamgar Union, 2022 LiveLaw (SC) 739 : AIR 2022 SC 4101 : (2022) 10 SCC 172

Constitution of India, 1950; Articles 14, 15(1), 341 and 342 - Furthermore, the duty to provide clarity and protection, generally speaking has to be consistent - i.e., in the case of one states' reorganization, the protection should not be greater than in the case of reorganization of another state. That would defeat the command of Articles 14 and 15 (1) (i.e., in the latter case, there can possibly be discrimination on the ground of place of birth). In my opinion, this duty stems from a co-joint reading of Part I (Articles 1 to 4), Articles 14, 15(1), 341, and 342 of the Constitution, and the overarching concern that the individual should not be worse off, due to disruption not of her or his making. The duty of Parliament in such cases, is a Constitutional obligation, to ensure that no one individual or group is disadvantaged. (Justice Bhat, Para 10) Akhilesh Prasad v. Jharkhand Public Service Commission, 2022 LiveLaw (SC) 434

Constitution of India, 1950; Articles 14, 15, 16 - Constitution (103rd Amendment) Act, 2019 - Constitution validity of EWS Quota upheld - Reservation structured singularly on economic criteria does not violate any essential feature of the Constitution of India and does not cause any damage to the basic structure of the Constitution of India - Exclusion of the classes covered by Articles 15(4), 15(5) and 16(4) from getting the benefit of reservation as economically weaker sections, being in the nature of balancing the requirements of non-discrimination and compensatory discrimination, does not violate Equality Code and does not in any manner cause damage to the basic structure of the Constitution of India. (Para 102) Janhit Abhiyan v. Union of India, 2022 LiveLaw (SC) 922

Constitution of India, 1950; Articles 14, 15, 16 - Constitution (103rd Amendment) Act, 2019 - The total and absolute exclusion of constitutionally recognised backward classes of citizens - and more acutely, SC and ST communities, is nothing but discrimination which reaches to the level of undermining, and destroying the equality code, and particularly the principle of nondiscrimination - The insertion of Article 15(6) and 16(6) is struck down, is held to be violative of the equality code, particularly the principle of nondiscrimination and non-exclusion which forms an inextricable part of the basic structure of the Constitution - While special provisions based on objective economic criteria (for the purpose of Article 15), is per se not violative of the basic structure the same is not true for Article 16, the goal of which is empowerment, through representation of the community. (Para 189-193) Janhit Abhiyan v. Union of India, 2022 LiveLaw (SC) 922

Constitution of India, 1950; Articles 14, 15, 16 - Reservation for economically weaker sections of citizens up to ten per cent. in addition to the existing reservations does not result in violation of any essential feature of the Constitution of India and does not cause any damage to the basic structure of the Constitution of India on account of breach of the ceiling limit of fifty per cent. because, that ceiling limit itself is not inflexible and in any case, applies only to the reservations envisaged by Articles 15(4), 15(5) and 16(4) of the Constitution of India. (Para 102) Janhit Abhiyan v. Union of India, 2022 LiveLaw (SC) 922

Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Constitution of India, 1950; Article 15 - Articles 15(4) and 15 (5) are not an exception to Article 15 (1), which itself sets out the principle of substantive equality (including the recognition of existing inequalities). Thus, Articles 15 (4) and 15 (5) become a restatement of a particular facet of the rule of substantive equality that has been set out in Article 15 (1). (Para 59(i)) Neil Aurelio Nunes v. Union of India, 2022 LiveLaw (SC) 73 : (2022) 4 SCC 1

Constitution of India, 1950; Article 15 - Practices or rules or norms are rooted in historical prejudice, gender stereotypes and paternalism - Such attitudes have no place in our society; recent developments have highlighted areas hitherto considered exclusive male "bastions" such as employment in the armed forces, are no longer so. (Para 48) Hotel Priya A Proprietorship v. State of Maharashtra, 2022 LiveLaw (SC) 186 : 2022 (3) SCALE 663

Constitution of India, 1950; Article 15 (1) and Article 19 (1) (g) - Gender cap as to the number of women or men, who can perform in orchestras and bands, in licenced bars is void - This restriction directly transgresses Article 15 (1) and Article 19 (1) (g) - the latter provision both in its effect to the performers as well as the license owners. While the overall limit of performers in any given performance cannot exceed eight, the composition (i.e., all female, majority female or male, or vice versa) can be of any combination. (Para 47, 49) Hotel Priya A Proprietorship v. State of Maharashtra, 2022 LiveLaw (SC) 186 : 2022 (3) SCALE 663

Constitution of India, 1950; Article 15 (1) and Article 19 (1) (g) - Gender-cap (i.e. four females and four males, in any performance) appears to be the product of a stereotypical view that women who perform in bars and establishments, belong to a certain class of society Such measures – which claim protection, in reality are destructive of Article 15 (3) as they masquerade as special provisions and operate to limit or exclude altogether women's choice of their avocation. (Para 42, 46) Hotel Priya A Proprietorship v. State of Maharashtra, 2022 LiveLaw (SC) 186 : 2022 (3) SCALE 663

Constitution of India, 1950; Article 15(6) - Unaided private educational institutions would be bound under Article 15(6) to provide for EWS reservations. (Para 194) Janhit Abhiyan v. Union of India, 2022 LiveLaw (SC) 922

Article 16 - Equality of opportunity in matters of public employment

Constitution of India 1950; Article 16(3), 35 - Under Article 16(3) of the Constitution of India, it is the Parliament alone, which is authorized to make any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State of Union Territory, any requirement as to residence within the State or Union territory prior to such employment or appointment. As per Article 35 of the Constitution of India, notwithstanding anything contained in the Constitution, the Parliament shall have and the Legislature of a State shall not have the power to make laws with respect to any of the matters which, under clause (3) of Article 16 may be provided for law made by Parliament. Therefore, impugned Notification/Order making 100% reservation for the local resident of the concerned Scheduled Area/Districts (reservation on the basis of resident) is ultra vires to Article 35 r/w Article 16(3) of the Constitution of India. (Para 24) Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651

Constitution of India, 1950; Article 16 - 100% reservation is discriminatory and impermissible -quashes Jharkhand Govt notification providing 100% reservation for local residents in Scheduled Districts for Govt Posts in Class III & Class IV. Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651

Constitution of India, 1950; Article 16 - Railways LARGESS Scheme - Scheme provided an avenue for backdoor entry into service and was contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment. Chief Personnel Officer v. A. Nishanth George, 2022 LiveLaw (SC) 277 : 2022 (2) SCALE 357

Constitution of India, 1950; Article 16 - Railways LARGESS Scheme - Appeal against High Court judgment which held that though the LARGESS Scheme was terminated, since the respondent’s father superannuated on 1 January 2015 prior to 27 January 2017, the benefit of the scheme could be extended to him in terms of the notification dated 28 September 2018- Allowed - The impugned judgment issuing a mandamus for the appointment of the respondent cannot be sustained. Chief Personnel Officer v. A. Nishanth George, 2022 LiveLaw (SC) 277 : 2022 (2) SCALE 357

Constitution of India, 1950; Article 16 - Reservation in Promotion - No yardstick can be laid down by the Court for determining the adequacy of representation of SCs and STs in promotional posts for the purpose of providing reservation. (Para 16) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494

Constitution of India, 1950; Article 16 - Reservation in Promotion - The judgment of M. Nagaraj & Ors. v. Union of India (2006) 8 SCC 212 should be declared to have prospective effect- Making the principles laid down in M. Nagaraj (supra) effective from the year 1995 would be detrimental to the interests of a number of civil servants and would have an effect of unsettling the seniority of individuals over a long period of time. (Para 42) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494

Constitution of India, 1950; Article 16 - Reservation in Promotion - Before providing for reservation in promotions to a cadre, the State is obligated to collect quantifiable data regarding inadequacy of representation of SCs and STs. Collection of information regarding inadequacy of representation of SCs and STs cannot be with reference to the entire service or ‘class’/‘group’ but it should be relatable to the grade/category of posts to which promotion is sought. Cadre, which should be the unit for the purpose of collection of quantifiable data in relation to the promotional post(s), would be meaningless if data pertaining to representation of SCs and STs is with reference to the entire service. (Para 29) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494

Constitution of India, 1950; Article 16 - Reservation in Promotion - It is for the State to assess the inadequacy of representation of SCs and STs in promotional posts, by taking into account relevant factors. (Para 30) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494

Constitution of India, 1950; Article 16 - Reservation in Promotion - We are not inclined to express any view on discontinuation of reservations in totality, which is completely within the domain of the legislature and the executive. As regards review, we are of the opinion that data collected to determine inadequacy of representation for the purpose of providing reservation in promotions needs to be reviewed periodically. The period for review should be reasonable and is left to the Government to set out. (Para 31) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494

Constitution of India, 1950; Article 16 - Reservation in Promotion - The conclusion in B.K. Pavitra & Ors. v. Union of India (2019) 16 SCC 129 approving the collection of data on the basis of ‘groups’ and not cadres is contrary to the law laid down by this Court in M. Nagaraj & Ors. v. Union of India (2006) 8 SCC 212 and Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.(2018) 10 SCC 396 – The State should justify reservation in promotions with respect to the cadre to which promotion is made. Taking into account the data pertaining to a ‘group’, which would be an amalgamation of certain cadres in a service, would not give the correct picture of the inadequacy of representation of SCs and STs in the cadre in relation to which reservation in promotions is sought to be made. Rosters are prepared cadre-wise and not group-wise. Sampling method which was adopted by the Ratna Prabha Committee might be a statistical formula appropriate for collection of data. However, for the purpose of collection of quantifiable data to assess representation of SCs and STs for the purpose of providing reservation in promotions, cadre, which is a part of a ‘group’, is the unit and the data has to be collected with respect to each cadre. (Para 47) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494

Constitution of India, 1950; Article 16(2) - 100% reservation provided for the local residents of the concerned Scheduled Districts / Areas only would be violative of Article 16(2) of the Constitution of India and affecting rights of the other candidates / citizens of nonscheduled areas / Districts guaranteed under Part III of the Constitution of India. (Para 20, 23) Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651

Constitution of India, 1950; Article 16(2) - Compassionate Appointment Policy - Descent cannot be a ground for denying employment under the scheme of compassionate appointments - A policy for compassionate appointment, which has the force of law, must not discriminate on any of the grounds mentioned in Article 16(2), including that of descent by classifying children of the deceased employee as legitimate and illegitimate and recognizing only the right of legitimate descendant. (Para 9, 10) Mukesh Kumar v. Union of India, 2022 LiveLaw (SC) 205 : 2022 (4) SCALE 103

Constitution of India, 1950; Article 16(2) - Descent - 'Descent' must be understood to encompass the familial origins of a person. Familial origins include the validity of the marriage of the parents of a claimant of compassionate appointment and the claimant's legitimacy as their child. (Para 9) Mukesh Kumar v. Union of India, 2022 LiveLaw (SC) 205 : 2022 (4) SCALE 103

Constitution of India, 1950; Article 16(2) - Hindu Marriage Act, 1955 - Section 16 - Compassionate Appointment - The condition imposed by the Railway Board circular that compassionate appointment cannot be granted to children born from the second wife of a deceased employee - Rules of compassionate appointment cannot violate the mandate of Article 14 of the Constitution. Once Section 16 of the Hindu Marriage Act regards a child born from a marriage entered into while the earlier marriage is subsisting to be legitimate, it would violate Article 14 if the policy or rule excludes such a child from seeking the benefit of compassionate appointment. The circular creates two categories between one class, and it has no nexus to the objects sought to be achieved. Once the law has deemed them legitimate, it would be impermissible to exclude them from being considered under the policy. Exclusion of one class of legitimate children would fail to meet the test of nexus with the object, and it would defeat the purpose of ensuring the dignity of the family of the deceased employee. (Para 2,7) Mukesh Kumar v. Union of India, 2022 LiveLaw (SC) 205 : 2022 (4) SCALE 103

Article 19 - Protection of certain rights regarding freedom of speech

Constitution of India, 1950; Article 19 - Fundamental rights under Article 19 cannot be restricted through executive instructions -citizen cannot be deprived of the said right except in accordance with law. It has further been held that the requirement of law for the purpose of clause (6) of Article 19 of the Constitution can by no stretch of imagination be achieved by issuing a circular or a policy decision in terms of Article 162 of the Constitution or otherwise. [Para 43] Pharmacy Council of India v. Rajeev College of Pharmacy, 2022 LiveLaw (SC) 768 : AIR 2022 SC 4321

Constitution of India, 1950; Article 19 - Supreme dismissed a batch of appeals filed by the Pharmacy Council of India against the judgments of certain High Courts which set aside the moratorium imposed on starting new Pharmacy colleges for 5 years. Pharmacy Council of India v. Rajeev College of Pharmacy, 2022 LiveLaw (SC) 768 : AIR 2022 SC 4321

Constitution of India, 1950; Article 19(1)(a) - Freedom of speech and expression - Mohammed Zubair Case- Blanket bail orders to prevent the petitoner from tweeting cannot be imposed, merely because the case is based on tweets- Gag orders have a chilling effect on the freedom of speech. According to the petitioner, he is a journalist who is the co-founder of a fact checking website and he uses Twitter as a medium of communication to dispel false news and misinformation in this age of morphed images, clickbait, and tailored videos. Passing an order restricting him from posting on social media would amount to an unjustified violation of the freedom of speech and expression, and the freedom to practice his profession. [Para 30] Mohammed Zubair v. State of NCT of Delhi, 2022 LiveLaw (SC) 629 : AIR 2022 SC 3649

Constitution of India, 1950; Article 19(1)(d), 21 - When a convict is detained beyond the actual release date it would be imprisonment or detention sans sanction of law and would thus, violate not only Article 19(1) (d) but also Article 21 of the Constitution of India. (Para 17) Bhola Kumhar v. State of Chhattisgarh, 2022 LiveLaw (SC) 589

Constitution of India, 1950; Article 19(1)(g) - Right to establish an educational institution can be regulated. However, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. (Para 40-41) Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366 : AIR 2022 SC 1799 : (2022) 6 SCC 65

Constitution of India, 1950; Article 19(1)(g) - The right to establish an educational institution is a fundamental right under Article 19(1)(g) of the Constitution of India and reasonable restrictions on such a right can be imposed only by a law and not by an execution instruction. [Para 54, 55] Pharmacy Council of India v. Rajeev College of Pharmacy, 2022 LiveLaw (SC) 768 : AIR 2022 SC 4321

Article 20 - Protection in respect of conviction for offences

Constitution of India, 1950; Article 20 (2) - Code of Criminal Procedure, 1973; Section 300 - Principle of Double Jeopardy - The accused-respondent No. 2 having gone through the trial in relation to offences under Sections 504 and 506 IPC and having been acquitted, cannot be subjected to another trial for the same charges on the same facts. Any such process would be in blatant disregard of the settled principles which disapprove double jeopardy and are precisely contained in Article 20(2) of the Constitution of India as also Section 300 of the Code of Criminal Procedure, 1973. Ms. P XXX v. State of Uttarakhand, 2022 LiveLaw (SC) 554 : AIR 2022 SC 2885

Constitution of India, 1950; Article 20(2) - Articles 20 to 22 deal with personal liberty of citizens and others. Article 20(2) expressly provides that no person shall be prosecuted or punished for the same offence, more than once. The protection against double jeopardy is also supplemented by statutory provisions contained in Section 300 of the CrPC, Section 40 of the Indian Evidence Act, 1872, Section 71 of the IPC and Section 26 of the General Clauses Act, 1897. T.P. Gopalakrishnan v. State of Kerala, 2022 LiveLaw (SC) 1039

Article 21 - Protection of life and personal liberty

Constitution of India, 1950; Article 21 - Bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated - Persons who are keen to not be vaccinated on account of personal beliefs or preferences, can avoid vaccination, without anyone physically compelling them to be vaccinated. However, if there is a likelihood of such individuals spreading the infection to other people or contributing to mutation of the virus or burdening of the public health infrastructure, thereby affecting communitarian health at large, protection of which is undoubtedly a legitimate State aim of paramount significance in this collective battle against the pandemic, the Government can regulate such public health concerns by imposing certain limitations on individual rights that are reasonable and proportionate to the object sought to be fulfilled. (Para 49, 89(iii) Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256

Constitution of India, 1950; Article 21 - By following the procedure established by law, the personal liberty of the citizens can be dealt with. (Para 8) Devadassan v. Second Class Executive Magistrate, 2022 LiveLaw (SC) 260 : AIR 2022 SC 1406

Constitution of India, 1950; Article 21 - Code of Criminal Procedure, 1973; Section 313 - Section 313 CrPC confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right, as a constitutional right to a fair trial under Article 21. (Para 19) Jai Prakash Tiwari v. State of Madhya Pradesh, 2022 LiveLaw (SC) 658 : AIR 2022 SC 3601

Constitution of India, 1950; Article 21 - Exhumation - Once buried, a body should not be disturbed - the Union Government should consider enacting an appropriate legislation on exhumation. The right to dignity and fair treatment under Article 21 of the Constitution is not only available to a living man but also to his body after his death - Family members also have a right to perform the last rites in accordance with the religious traditions. Mohammed Latif Magrey v. Union Territory of Jammu and Kashmir, 2022 LiveLaw (SC) 756

Constitution of India, 1950; Article 21 - Failure of State to maintain law and order led to riots- victims have right to seek compensation - If the citizens are forced to live in an atmosphere of communal tension, it affects their right to life guaranteed by Article 21. The violence witnessed by Mumbai in December 1992 and January 1993 adversely affected the right of the residents of the affected areas to lead dignified and meaningful life. There was a failure on the part of the State Government to maintain law and order and to protect the rights of the people guaranteed under Article 21 of the Constitution of India. Therefore, the affected persons had a right to seek compensation from the State Government. (Para 10) Shakeel Ahmed vs Union of India, 2022 LiveLaw (SC) 910

Constitution of India, 1950; Article 21- Fair Trial - An accused is entitled for a fair trial which is guaranteed under Article 21 of the Constitution of India. (Para 13) Bhagwani v. State of Madhya Pradesh, 2022 LiveLaw (SC) 60 : AIR 2022 SC 527

Constitution of India, 1950; Article 21 - Justice is not to be done but the justice is seen to have been done also - Free and fair trial is sine qua non of Article 21 of the Constitution. If the criminal trial is not free and fair and if it is biased, judicial fairness and the criminal justice system would be at stake, shaking the confidence of the public in the system. (Para 14) Suneetha Narreddy v. Central Bureau of Investigation, 2022 LiveLaw (SC) 996

Constitution of India, 1950; Article 21 - Personal autonomy of an individual involves the right of an individual to determine how they should live their own life, which consequently encompasses the right to refuse to undergo any medical treatment in the sphere of individual health. (Para 49, 89(iii)) Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256

Constitution of India, 1950; Article 21 - Personal Liberty and power of arrest - Arrest is not meant to be and must not be used as a punitive tool because it results in one of the gravest possible consequences emanating from criminal law: the loss of personal liberty. Individuals must not be punished solely on the basis of allegations, and without a fair trial. When the power to arrest is exercised without application of mind and without due regard to the law, it amounts to an abuse of power. The criminal law and its processes ought not to be instrumentalized as a tool of harassment. Section 41 of the CrPC as well as the safeguards in criminal law exist in recognition of the reality that any criminal proceeding almost inevitably involves the might of the state, with unlimited resources at its disposal, against a lone individual. [Para 27, 28] Mohammed Zubair v. State of NCT of Delhi, 2022 LiveLaw (SC) 629 : AIR 2022 SC 3649

Constitution of India, 1950; Article 21 - Preservation of family life is an incident of Article 21. (Para 51) S.K. Nausad Rahman v. Union of India, 2022 LiveLaw (SC) 266 : AIR 2022 SC 1494

Constitution of India, 1950; Article 21 - Right of Privacy - Right to be Forgotten - Right of Eraser - SC Registry directed to examine the issue and to work out how the name of both the petitioner and respondent No.1 along with address details can be masked so that they do not appear visible for any search engine. X v. Y, 2022 LiveLaw (SC) 618

Constitution of India, 1950; Article 21 - Right to reproduction and child rearing important facets of one's right to privacy and dignity (Para 21) Deepika Singh v. Central Administrative Tribunal, 2022 LiveLaw (SC) 718 : AIR 2022 SC 4108

Constitution of India, 1950; Article 21 - Rights of Sex Workers - Basic Protection of human decency and dignity extends to sex workers and their children - Directions issued to States/UTs for conditions conducive to sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution of India - Police should not abuse them physically or verbally - Press Council of India to issue guidelines to media to protect their anonymity during raid and rescue operations - Various other directions issued. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525

Constitution of India, 1950; Article 21 - Supreme Court's duty to protect personal liberty - No case is too small for the Court -The history of this Court indicates that it is in the seemingly small and routine matters involving grievances of citizens that issues of moment, both in jurisprudential and constitutional terms, emerge. The intervention by this Court to protect the liberty of citizens is hence founded on sound constitutional principles embodied in Part III of the Constitution. The Court is entrusted with judicial powers under Article 32 and Article 136 of the Constitution of India. The right to personal liberty is a precious and inalienable right recognised by the Constitution. In attending to such grievances, the Supreme Court performs a plain constitutional duty, obligation and function; no more and no less. Iqram v. State of Uttar Pradesh, 2022 LiveLaw (SC) 1032

Constitution of India, 1950; Article 21 - The dignity of person, which is an intrinsic element of Article 21 of the Constitution, cannot be left to the vagaries of insensitive procedures and a hostile environment. Access to justice mandates that positive steps have to be adopted to create a barrier free environment. These barriers are not only those which exist within the physical spaces of conventional courts but those which operate on the minds and personality of vulnerable witnesses. (Para 3) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 80

Constitution of India, 1950; Article 21 - The right to health is an integral part of the right to life under Article 21 of the Constitution. Without health, the faculties of living have little meaning. (Para 5) Baiju K.G. v. Dr. V.P. Joy, 2022 LiveLaw (SC) 517 : 2022 (8) SCALE 275

Constitution of India, 1950; Article 21 - The sweep of Article 21 is expansive enough to govern the action of dismembering a member from the House of the Legislative Assembly in the form of expulsion or be it a case of suspension by directing withdrawal from the meeting of the Assembly for the remainder of the Session. (Para 49) Ashish Shelar v. Maharashtra Leg. Assembly, 2022 LiveLaw (SC) 91 : AIR 2022 SC 721

Constitution of India, 1950; Article 21 - Whatever may be the nature of the offence, a prolonged trial, appeal or a revision against an accused or a convict under custody or incarceration, would be violative of Article 21 - Right to a fair and speedy trial is a facet of Article 21. (Para 40 -41) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 : AIR 2022 SC 3386 : (2022) 10 SCC 51

Constitution of India, 1950; Article 21 - Where life and personal liberty have been violated, the absence of any statutory provision for compensation in the statute is of no consequence. Right to life guaranteed under Article 21 of the Constitution of India is the most sacred right preserved and protected under the Constitution, violation of which is always actionable and there is no necessity of statutory provision as such for preserving that right. Article 21 of the Constitution of India has to be read into all public safety statutes, since the prime object of public safety legislation is to protect the individual and to compensate him for the loss suffered. Duty of care expected from State or its officials functioning under the public safety legislation is, therefore, very high. (Para 21) Sanjay Gupta v. State of Uttar Pradesh, 2022 LiveLaw (SC) 368 : (2022) 7 SCC 203

Constitution of India, 1950; Article 21 - While liberty is a dynamic concept capable of encompassing within it a variety of Rights, the irreducible minimum and at the very core of liberty, is freedom from unjustifiable custody. (Para 8) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 21 - Fair Trial - It must be emphasized that prosecution by the State ought to be carried out in a manner consistent with the right to fair trial, as enshrined under Article 21 of the Constitution. (Para 27) S.P. Velumani v. Arappor Iyakkam, 2022 LiveLaw (SC) 507

Constitution of India, 1950; Article 21, 32, 226 - Infringement of Article 21 may be an individual case such as by the State or its functionaries; or by the Organizers and the State; or by the Organizers themselves have been subject matter of consideration before this Court in a writ petition under Article 32 or before the High Court under Article 226. (Para 22) Sanjay Gupta v. State of Uttar Pradesh, 2022 LiveLaw (SC) 368 : (2022) 7 SCC 203

Constitution of India, 1950; Article 21, 39A - Code of Criminal Procedure, 1973; Section 304 - Right to a fair trial - Right to fair and speedy trial applies as much to the victim as the accused - While expediting the trial, it is imperative on the Court to see that the due procedure is followed during the course of trial. (Para 33) Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390 : AIR 2022 SC 1967 : (2022) 7 SCC 443

Constitution of India, 1950; Articles 21 and 300-A - Right to property had ceased to be a fundamental right. True that it is a human right as also constitutional right. Hence, compulsory acquisition by scrupulous adherence to the procedures authorised by law would not violate Article 300-A. (Para 26) Haryana State Industrial and Infrastructure Development Corporation v. Deepak Aggarwal, 2022 LiveLaw (SC) 644

Constitution of India, 1950; Article 21 - A woman's right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution. She has a sacrosanct right to bodily integrity. [Para 19] X v. Principal Secretary, Health & Family Welfare Department, 2022 LiveLaw (SC) 621

Article 22 - Protection against arrest and detention in certain cases

Constitution of India, 1950; Article 22 - Preventive Detention - the powers to be exercised under this law are exceptional powers which have been given to the government for its exercise in an exceptional situation -A law and order situation can be dealt with under the ordinary law of land. (Para 12 & 13) Shaik Nazneen v. State of Telangana, 2022 LiveLaw (SC) 559

Constitution of India, 1950; Article 22(5) - Right to make representation is a fundamental right of the detenu under Article 22(5) - Refusal to supply the documents requested by the detenu or supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution - Whether an opportunity has been afforded to make an effective representation always depends on the facts and circumstances of each case. (Para 17-21) State of Manipur v. Buyamayum Abdul Hanan @ Anand, 2022 LiveLaw (SC) 862

Article 31B - Validation of certain Acts and Regulations

Constitution of India, 1950; Article 31B - No express prohibition stems from Article 31-B on the powers of the State Legislature to legislate on matters incidental to statutes placed within the Ninth Schedule - State has the power to amend or repeal a statute which has been placed under the Ninth Schedule - Any amendment made to a statute placed under the Ninth Schedule does not get protection under Article 31-B, unless the said amendment is also included in the Ninth Schedule. (Para 44) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 : AIR 2022 SC 1865

Constitution of India, 1950; Article 31B - Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 - Placing of the 1994 Act under the Ninth Schedule cannot operate as a hurdle for the State to enact legislations on matters ancillary to the 1994 Act. Legislative competence of the State Legislature can only be circumscribed by express prohibition contained in the Constitution itself and Article 31-B does not stipulate any such express prohibition on the legislative powers of the State. (Para 75) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 : AIR 2022 SC 1865

Article 32 - Remedies for enforcement of rights conferred by this Part

Constitution of India, 1950; Article 32 - Clubbing of FIRs - Plea of accused seeking consolidating of all existing and future cases or FIRs/chargesheets to a particular Court or police station - Such direction, if given, would override the provisions of the Code of Criminal Procedure on jurisdictional provisions without notifying the existing as also potential complainants in any manner whatsoever - The alleged cheating and connected offences have occurred at different parts of the country and each victim under the existing provisions of law has a right to prosecute his complaints against the accused through the law enforcement agency under normal circumstances having power to conduct investigation in the particular territory where complaint is lodged - A person who has lost money in, for instance, the State of Telangana cannot be compelled to lodge an F.I.R. only in the Surajpur police station in Uttar Pradesh. We have to consider his inconvenience as well. It is not our opinion that consolidation of F.I.Rs. or cases cannot be directed at all, but such exercise can be undertaken in a given case depending upon the facts and circumstances of such case. Present case does not warrant invoking such powers. Anubhav Mittal v. State of Uttar Pradesh, 2022 LiveLaw (SC) 980

Constitution of India, 1950; Article 32 - Bail - Writ petition challenging the order of the Magistrate granting bail - Judge granting bail and Addl. District Judge who refused to interfere with said order impleaded by name - Conduct of the petitioner deprecated - No reason why the petitioner should have filed this writ petition directly in this court. Balakram @ Bhura v. State of Uttar Pradesh, 2022 LiveLaw (SC) 215

Constitution of India, 1950; Article 32 - Code of Criminal Procedure, 1973 - Section 482 - Writ Petition, under Article 32 of the Constitution of India, for the relief(s) prayed to quash and set aside the criminal proceedings/FIR ought not to have been filed - It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. to be considered in exercise of powers under Article 32 of the Constitution of India. Gayatri Prasad Prajapati v. State of Uttar Pradesh, 2022 LiveLaw (SC) 201

Constitution of India, 1950; Article 32 - Delay by itself cannot be used as a weapon to Veto an action under Article 32 when violation of Fundamental Rights is clearly at stake. (Para 9) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 32 - In a given case, the Court may refuse to entertain a petition under Article 32 of the Constitution is solely a part of self -restraint which is exercised by the Court having regard to various considerations which are germane to the interest of justice as also the appropriateness of the Court to interfere in a particular case. The right under Article 32 of the Constitution remains a Fundamental Right and it is always open to a person complaining of violation of Fundamental Rights to approach this Court. This is subject to the power of the Court to relegate the party to other proceedings. (Para 7) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 32 - Mandamus - A mandamus cannot be issued to the legislature to enact or amend legislation - Writ petition seeking direction to amend the Hindu Succession Act 1956 as recommended by the Law Commission of India in its 204th report - Dismissed. S. Venkatesh v. Union of India, 2022 LiveLaw (SC) 752

Constitution of India, 1950; Article 32 - Ordinarily, the Court may insist on a cause of action and therefore, a person must be an aggrieved party to maintain a challenge - A person cannot be said to be aggrieved merely upon the issuance of an instrument or of a law by itself. In fact, the Court may refuse to examine the legality or the validity of a law or order on the basis that he may have no locus standi or that he is not an aggrieved person. No doubt, the Courts have recognized challenge to even a legislation at the hands of a public interest litigant. (Para 9) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 32 - The court has power of grant of compensation in the case of violation of Fundamental Rights. (Para 29) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 32 - Writ petition maintainable on the ground that earlier judgment does not lay down the correct law-though the concept of finality of judgment has to be preserved, at the same time, the principle of ex debito justitiae cannot be given a gobye. If the Court finds that the earlier judgment does not lay down a correct position of law, it is always permissible for this Court to reconsider the same and if necessary, to refer it to a larger Bench. (Para 41) HDFC Bank v. Union of India, 2022 LiveLaw (SC) 811

Constitution of India, 1950; Article 32 - Writ Petition seeking directions for expeditious hearing of a petition which is already pending before the High Court - Dismissed - Ignorance of law is no defence - Such kind of petitions seem to be leading the litigant up the garden path. Nepal Das v. High Court of Calcutta, 2022 LiveLaw (SC) 946

Constitution of India, 1950; Article 32 - Writ petition seeking transfer of criminal trial - Murder of former AP Minister YS Vivekananda Reddy from Andhra Pradesh - For transfer of a criminal case, there must be a reasonable apprehension on the part of the party to a case that justice may not be done - However the Court has to see whether the apprehension alleged is reasonable or not. The apprehension must not only be imaginary, but must appear to the court to be a reasonable apprehension - Petitioners being daughter and wife of the deceased have a fundamental right to get justice as victim and they have a legitimate expectation that criminal trial is being conducted in a fair and impartial manner and uninfluenced by any extraneous considerations - This is a fit case to transfer the trial and further investigation on larger conspiracy and destruction of evidence to the State other than the State of Andhra Pradesh - Trial Transferred to CBI Special Court at Hyderabad. Suneetha Narreddy v. Central Bureau of Investigation, 2022 LiveLaw (SC) 996

Constitution of India, 1950; Article 32 & 226 - An order directing an enquiry by the CBI should be passed only when the High Court, after considering the material on record, comes to the conclusion that such material does disclose a prima facie case calling for an investigation by the CBI or any other similar agency. [Para 45] Himanshu Kumar v. State of Chhattisgarh, 2022 LiveLaw (SC) 598

Constitution of India, 1950; Article 32 & 226 - The accused "does not have a say in the matter of appointment of investigating agency". [Para 51, 52] Himanshu Kumar v. State of Chhattisgarh, 2022 LiveLaw (SC) 598

Constitution of India, 1950; Article 32 & 226 - The extraordinary power of the Constitutional Courts under Articles 32 and 226 respectively of the Constitution of India qua the issuance of directions to the CBI to conduct investigation must be exercised with great caution although no inflexible guidelines can be laid down in this regard, yet it was highlighted that such an order cannot be passed as a matter of routine or merely because the parties have levelled some allegations against the local police and can be invoked in exceptional situations where it becomes necessary to provide credibility and instill confidence in the investigation or where the incident may have national or international ramifications or where such an order may be necessary for doing complete justice and for enforcing the fundamental rights - mere allegations against the police do not constitute a sufficient basis to transfer the investigation [Para 44, 47, 50] Himanshu Kumar v. State of Chhattisgarh, 2022 LiveLaw (SC) 598

Constitution of India, 1950; Article 32 & 226 - When CBI enquiry can be directed - CBI inquiry can be directed only in rare and exceptional cases -such prayer should not be granted on mere asking - though a satisfaction of want of proper, fair, impartial and effective investigation eroding its credence and reliability is the precondition for a direction for further investigation or re- investigation, submission of the charge sheet ipso facto or the pendency of the trial can, by no means, be a prohibitive impediment - the contextual facts and the attendant circumstances have to be singularly evaluated and analyzed to decide the needfulness of further investigation or re-investigation to unravel the truth and mete out justice to the parties - one factor that courts may consider is that such transfer is "imperative" to retain "public confidence in the impartial working of the State agencies". [Para 44, 47, 50] Himanshu Kumar v. State of Chhattisgarh, 2022 LiveLaw (SC) 598

Constitution of India, 1950; Article 32 and 226 - Judicial Review - The scope of judicial review of a decision of the Full Court of a High Court is extremely narrow and we cannot sit in an appeal over the decision of the Full Court of a High Court. (Para 29) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

Constitution of India, 1950; Article 32 and 226 - Judicial Review - The principle of fairness has an important place in the law of judicial review and that unfairness in the purported exercise of power can be such that it is abuse or excess of power. The court should interfere where discretionary power is not exercised reasonably and in good faith. (Para 40) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

Constitution of India, 1950; Article 32, 142 - Clubbing of FIRs - FIRs lodged against accused under various provisions of the Indian Penal Code (Section 420 IPC etc) and other State enactments in various states - Directs clubbing of all the FIRs State-wise, which can proceed together for one trial as far as possible - Multiplicity of the proceedings will not be in the larger public interest. Abhishek Singh Chauhan v. Union of India, 2022 LiveLaw (SC) 608

Constitution of India, 1950; Article 32, 226 - Administrative Law - Judicial Review - The action based on the subjective opinion or satisfaction can judicially be reviewed first to find out the existence of the facts or circumstances on the basis of which the authority is alleged to have formed the opinion - Scope discussed. (Para 28-37) Amarendra Kumar Pandey v. Union of India, 2022 LiveLaw (SC) 600 : 2022 (10) SCALE 42

Constitution of India, 1950; Article 32, 226 - Appeal against High Court Judgment allowing PIL in the matter of a title claim between a private party and the State - Allowed - The State clearly indicated that they do not have any interest in pursuing the ownership of the land in question and have admitted to the title of the appellants - Institution of the public interest litigation was nothing more than an abuse of the process. Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Constitution of India, 1950; Article 32, 226 - Code of Criminal Procedure, 1973; Section 432 - Judicial Review - Remission - The Court has the power to review the decision of the government regarding the acceptance or rejection of an application for remission under Section 432 of the CrPC to determine whether the decision is arbitrary in nature. The Court is empowered to direct the government to reconsider its decision. (Para 14) Ram Chander v. State of Chhattisgarh, 2022 LiveLaw (SC) 401 : AIR 2022 SC 2017

Constitution of India, 1950; Article 32, 226 - In judicial review proceedings, the Courts are concerned with the decision-making process and not the decision itself. (Para 8.4) Sushil Kumar v. State of Haryana, 2022 LiveLaw (SC) 64 : (2022) 3 SCC 203

Constitution of India, 1950; Article 32, 226 - Judicial Review - The dialogic process of judicial review can provide effective solutions which provide acceptable outcomes which promote harmony. (Para 9) Surat Parsi Panchayat Board v. Union of India, 2022 LiveLaw (SC) 149 : (2022) 4 SCC 534

Constitution of India, 1950; Article 32, 226 - Judicial Review - Policy Matters - Court in the exercise of judicial review cannot direct the executive to frame a particular policy. Yet, the legitimacy of a policy can be assessed on the touchstone of constitutional parameters. Moreover, short of testing the validity of a policy on constitutional parameters, judicial review can certainly extend to requiring the State to take into consideration constitutional values when it frames policies. The State, consistent with the mandate of Part III of the Constitution, must take into consideration constitutional values while designing its policy in a manner which enforces and implement those values. (Para 43) S.K. Nausad Rahman v. Union of India, 2022 LiveLaw (SC) 266 : AIR 2022 SC 1494

Constitution of India, 1950; Article 32, 226 - Judicial Review - Unless the Court is satisfied that the decision which has been taken by the authorities is without application of mind to relevant circumstances or was manifestly arbitrary, there would be no reason for the Court to interfere. (Para 13) Dr. R. Dinesh Kumar Reddy v. Medical Counselling Committee, 2022 LiveLaw (SC) 486 : AIR 2022 SC 2306

Constitution of India, 1950; Article 32, 226 - Judicial Review - Constitutional Courts can test constitutionality of legislative instruments (statute and delegated legislations) - The Courts are empowered to test both on procedure as well as substantive nature of these instruments - The test should be based on a combined reading of Articles 14, 19 and 21 of the Constitution - doctrine of manifest arbitrariness. (Para 15.7 -15.8) Union of India v. Ganpati Dealcom Pvt. Ltd., 2022 LiveLaw (SC) 700 : AIR 2022 SC 4558

Constitution of India, 1950; Article 32, 226 - Judicial Review in Policy Matters - Most questions of policy involve complex considerations of not only technical and economic factors but also require balancing competing interests for which democratic reconciliation rather than adjudication is the best remedy. Further, an increased reliance on judges to solve matters of pure policy diminishes the role of other political organs in resolving contested issues of social and political policy, which require a democratic dialogue. This is not to say that this Court will shy away from setting aside policies that impinge on constitutional rights. Rather it is to provide a clear-eyed role of the function that a court serves in a democracy. (Para 46) Indian Ex Servicemen Movement v. Union of India, 2022 LiveLaw (SC) 289 : (2022) 7 SCC 323

Constitution of India, 1950; Article 32, 226 - Judicial review of executive decisions based on expert opinion - Courts do not ordinarily interfere with the policy decisions of the executive unless the policy can be faulted on grounds of mala fide, unreasonableness, arbitrariness or unfairness etc. (Para 21) Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256

Constitution of India, 1950; Article 32, 226 - Policy decisions - Court would be slow in interfering with matters of policy, especially those connected to public health. There is also no doubt that wide latitude is given to executive opinion which is based on expert advice. However, it does not mean that this Court will not look into cases where violation of fundamental rights is involved and the decision of the executive is manifestly arbitrary or unreasonable. (Para 25) Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256

Constitution of India, 1950; Article 32, 226 - Public Interest Litigation - Locus Standi - One of the measures to ensure that frivolous or private interests are not masqueraded as genuine claims, is to be cautious when examining locus standi. Generally, PIL, being a summary jurisdiction, has limited powers to examine the bonafides of parties. It is usually on the pleadings that the Court should take a prima facie view on the bonafides of the party. If the Court concludes that the litigation was initiated under the shadow of reasonable suspicion, then the Court may decline to entertain the claims on merits. In these cases, Courts have multiple options – such as dismissing the PIL or appointing an amicus curiae, if the cause espoused in the case requires the immediate attention of the Court. (Para 22) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Constitution of India, 1950; Article 32, 226 - Public Interest Litigation - PIL litigation has had a beneficial effect on the Indian jurisprudence and has alleviated the conditions of the citizens in general - Thousands of frivolous petitions are filed, burdening the docket of both this Court and the High Courts - Many claims filed in the Courts are sometimes immature. Noble intentions behind expanding the Court's jurisdiction to accommodate socially relevant issues, in recent decades, have been critically analyzed. (Para 21) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Constitution of India, 1950; Article 32, 226 - Public Interest Litigation - Locus Standi -One of the measures to ensure that frivolous or private interests are not masqueraded as genuine claims, is to be cautious when examining locus standi. Generally, PIL, being a summary jurisdiction, has limited powers to examine the bonafides of parties. It is usually on the pleadings that the Court should take a prima facie view on the bonafides of the party. If the Court concludes that the litigation was initiated under the shadow of reasonable suspicion, then the Court may decline to entertain the claims on merits. In these cases, Courts have multiple options – such as dismissing the PIL or appointing an amicus curiae, if the cause espoused in the case requires the immediate attention of the Court. (Para 22) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Constitution of India, 1950; Article 32, 226 - Public Interest Litigation - PIL litigation has had a beneficial effect on the Indian jurisprudence and has alleviated the conditions of the citizens in general - Thousands of frivolous petitions are filed, burdening the docket of both this Court and the High Courts - Many claims filed in the Courts are sometimes immature. Noble intentions behind expanding the Court's jurisdiction to accommodate socially relevant issues, in recent decades, have been critically analyzed. (Para 21) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Constitution of India, 1950; Article 32, 226 - Public Interest Litigation - Appeal against High Court Judgment allowing PIL in the matter of a title claim between a private party and the State - Allowed - The State clearly indicated that they do not have any interest in pursuing the ownership of the land in question and have admitted to the title of the appellants - Institution of the public interest litigation was nothing more than an abuse of the process. Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 : 2022 (4) SCALE 284

Constitution of India, 1950; Article 32, 226 - Reservation - No mandamus can be issued by the Court directing the State Government to provide for reservation - Even no writ of mandamus can be issued directing the State to collect quantifiable data to justify their action not to provide for reservation- Even if the under-representation of Scheduled Castes and Scheduled Tribes in public services is brought to the notice of the Court, no mandamus can be issued by the Court to the State Government to provide for reservation. (Para 8) State of Punjab v. Anshika Goyal, 2022 LiveLaw (SC) 84 : AIR 2022 SC 918 : (2022) 3 SCC 633

Constitution of India, 1950; Article 32, 226 - Supreme Court allowed writ petition filed by a convict whose application for remission was rejected - Special Judge, Durg directed to provide an opinion on the application for remission afresh accompanied by adequate reasoning. Ram Chander v. State of Chhattisgarh, 2022 LiveLaw (SC) 401 : AIR 2022 SC 2017

Constitution of India, 1950; Article 32, 226 - Writ of Mandamus - Mandamus will not be issued to command Legislature to enact a law, which it is competent to enact - It cannot even issue a Mandamus to the Government for enforcement of a Cabinet decision - When an administrative order confers rights or creates estoppel against the Government, that Mandamus can be issued to enforce the circular. Similarly a Mandamus may be issued to cancel an administrative order, which violates the rules of fairness. Vivek Krishna v. Union of India, 2022 LiveLaw (SC) 436

Constitution of India, 1950; Article 32, 226 - Writ Of Quo Warranto - The jurisdiction to issue a writ of quo warranto is a limited one, which can only be issued when a person is holding the public office does not fulfill the eligibility criteria prescribed to be appointed to such an office or when the appointment is contrary to the statutory rules. (Para 9, 9.1) Gambhirdhan K Gadhvi v. State of Gujarat, 2022 LiveLaw (SC) 242

Constitution of India, 1950; Article 32, 226 and 14 - Judicial Review - Arbitrariness - The limited scope of judicial review is only to satisfy that the State action is not vitiated by the vice of arbitrariness and no more - It is not for the courts to recast the policy or to substitute it with another which is considered to be more appropriate - The attack on the ground of arbitrariness is successfully repelled by showing that the act which was done, was fair and reasonable in the facts and circumstances of the case. (Para 55) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

Constitution of India, 1950; Article 32, 226 and 14 - Policy matters - Policy matters are never interfered with, unless patently arbitrary, unreasonable or violative of Article 14 of the Constitution. Vivek Krishna v. Union of India, 2022 LiveLaw (SC) 436

Constitution of India, 1950; Articles 32, 226 and 227 - The power of judicial review under Articles 226, 227, and 32 are part of the basic structure of our constitution and the same is inviolable. (Para 12) Madhya Pradesh High Court Advocates Bar Association v. Union of India, 2022 LiveLaw (SC) 495 : AIR 2022 SC 2713

Article 72 - Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

Constitution of India, 1950; Article 72 and 161 - Code of Criminal Procedure, 1973 - Section 432, 433 and 433A - Penal Code, 1860 - Section 45 and 53 - There can be imposition of life imprisonment without any remission till the last breath as a substitution of death sentence. (Para 3) Ravindra v. Union of India, 2022 LiveLaw (SC) 156

Article 73 - Extent of executive power of the Union.

Constitution of India, 1950; Article 73, 162 - A policy decision taken in terms of the power conferred under Article 73 of the Constitution on the Union and Article 162 on the States is subservient to the recruitment rules that have been framed under a legislative enactment or the rules under the proviso to Article 309 of the Constitution. (Para 29) S.K. Nausad Rahman v. Union of India, 2022 LiveLaw (SC) 266 : AIR 2022 SC 1494

Article 129 - Supreme Court to be a court of record

Constitution of India, 1950; Article 129 - Contempt of Courts Act, 1971 - Power of the Supreme Court to punish for contempt is not confined to the procedure under the Contempt of Courts Act - It is within the constitutional power of this Court to consider the contumacious acts of a contemnor and to punish him/her for the same. (Para 11-14) In Re Perry Kansangra, 2022 LiveLaw (SC) 905

Article 136 - Special leave to appeal by the Supreme Court

Constitution of India, 1950; Article 136 - A pure question of law may be permitted to be raised in an appeal generated by the grant of special leave. (Para 22) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020

Constitution of India, 1950; Article 136 - An order granting bail to an accused, if passed in a casual and cryptic manner, de hors reasoning which would validate the grant of bail, is liable to be set aside by this Court while exercising jurisdiction under Article 136 of the Constitution of India. Kamla Devi v. State of Rajasthan, 2022 LiveLaw (SC) 272 : AIR 2022 SC 1524 : (2022) 6 SCC 725

Constitution of India, 1950; Article 136 - Appeal By Special Leave is not a regular appeal - The Court would not interfere with the concurrent findings of fact based on pure appreciation of evidence nor it is the scope of these appeals that this Court would enter into reappreciation of evidence so as to take a view different than that taken by the Trial Court and approved by the High Court. (Para 20) Pappu v. State of Uttar Pradesh, 2022 LiveLaw (SC) 144 : 2022 (3) SCALE 45

Constitution of India, 1950; Article 136 - Appeal by Special Leave - In an appeal by special leave, where the Trial Court and the High Court have concurrently returned the findings of fact after appreciation of evidence, each and every finding of fact cannot be contested nor such an appeal could be dealt with as if another forum for reappreciation of evidence - If the assessment by the Trial Court and the High Court could be said to be vitiated by any error of law or procedure or misreading of evidence or in disregard to the norms of judicial process leading to serious prejudice or injustice, the Court may, and in appropriate cases would, interfere in order to prevent grave or serious miscarriage of justice but, such a course is adopted only in rare and exceptional cases of manifest illegality. (Para 20) Pappu v. State of Uttar Pradesh, 2022 LiveLaw (SC) 144 : 2022 (3) SCALE 45

Constitution of India, 1950; Article 136 - Bail - The application filed by the petitioner having been dismissed as not pressed, the question of interference by this Court in exercise of power under Article 136 of the Constitution of India cannot and does not arise. Santo Devi v. State of U.P., 2022 LiveLaw (SC) 133

Constitution of India, 1950; Article 136 - Circumstances under which an appeal would be entertained by the Supreme Court from an order of acquittal passed by a High Court - Summarized. (Para 30) Rajesh Prasad v. State of Bihar, 2022 LiveLaw (SC) 33 : (2022) 3 SCC 471

Constitution of India, 1950; Article 136 - Code of Criminal Procedure, 1973; Section 438 - When an accused is absconding and is declared as proclaimed offender, there is no question of giving him the benefit of Section 438 CrPC. What has been observed and said in relation to Section 438 CrPC applies with more vigour to the extraordinary jurisdiction of this Court under Article 136 of the Constitution of India. (Para 21) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : AIR 2022 SC 2488 : (2022) 8 SCC 282

Constitution of India, 1950; Article 136 - Code of Criminal Procedure, 1973; Section 394 - Principles of Section 394, Cr.P.C. would apply to appeals filed before the Supreme Court under Article 136 of the Constitution. (Para 14) Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854 : AIR 2022 SC 5258

Constitution of India, 1950; Article 136 - Criminal Appeal - Circumstances under which an appeal would be entertained by Supreme Court from an order of acquittal passed by a High Court summarised. (Para 45 - 46) Subramanya v. State of Karnataka, 2022 LiveLaw (SC) 887 : AIR 2022 SC 5110

Constitution of India, 1950; Article 136 - Criminal Appeal - In cases of concurrent findings of fact this Court will not ordinarily interfere with the said findings, in exceptional circumstances, this Court is empowered to do so. If this Court finds that the appreciation of evidence and findings is vitiated by any error of law or procedure or found contrary to the principles of natural justice, errors of record and misreading of the evidence, or where the conclusions of the High Court are manifestly perverse, this Court would not be powerless to reappreciate the evidence. (Para 26) Khema @ Khem Chandra v. State of Uttar Pradesh, 2022 LiveLaw (SC) 689 : AIR 2022 SC 3765

Constitution of India, 1950; Article 136 - Criminal appeal - The scope of interference in an appeal against acquittal is very limited. Unless it is found that the view taken by the Court is impossible or perverse, it is not permissible to interfere with the finding of acquittal. Equally if two views are possible, it is not permissible to set aside an order of acquittal, merely because the Appellate Court finds the way of conviction to be more probable. The interference would be warranted only if the view taken is not possible at all. (Para 8) State of Rajasthan v. Kistoora Ram, 2022 LiveLaw (SC) 663

Constitution of India, 1950; Article 136 - Criminal Appeal - Though in cases of concurrent findings of fact, this Court will ordinarily not interfere with the said findings, this Court is empowered to do so if in case it finds inter alia, misreading of the evidence or where the conclusions of the High Court are manifestly perverse. (Para 55) Md. Jabbar Ali v. State of Assam, 2022 LiveLaw (SC) 856 : AIR 2022 SC 5420

Constitution of India, 1950; Article 136 - Criminal Appeals - (i) The powers of this Court under Article 136 of the Constitution are very wide but in criminal appeals this Court does not interfere with the concurrent findings of fact save in exceptional circumstances. (ii) It is open to this Court to interfere with the findings of fact recorded by the High Court if the High Court has acted perversely or otherwise improperly. (iii) It is open to this Court to invoke the power under Article 136 only in very exceptional circumstances as and when a question of law of general public importance arises or a decision shocks the conscience of the Court. (iv) When the evidence adduced by the prosecution falls short of the test of reliability and acceptability and as such it is highly unsafe to act upon it. (v) Where the appreciation of evidence and finding is vitiated by any error of law of procedure or found contrary to the principles of natural justice, errors of record and misreading of the evidence, or where the conclusions of the High Court are manifestly perverse and unsupportable from the evidence on record. (Para 23) Shahaja @ Shahajan Ismail Mohd. Shaikh v. State of Maharashtra, 2022 LiveLaw (SC) 596

Constitution of India, 1950; Article 136 - Industrial Disputes Act, 1947; Section 25F - Whether a workman was gainfully employed or not is again a question of fact, and the finding of the Tribunal as upheld by the High Court, cannot be interfered with by the Supreme Court in exercising its power under Article 136 of the Constitution of India. (Para 18) Armed Forces Ex Officers Multi Services Cooperative Society Ltd. v. Rashtriya Mazdoor Sangh (INTUC), 2022 LiveLaw (SC) 674 : AIR 2022 SC 3783 : (2022) 9 SCC 586

Constitution of India, 1950; Article 136 - Principles governing interference in a criminal appeal by special leave. (Para 7) Bhagwani v. State of Madhya Pradesh, 2022 LiveLaw (SC) 60 : AIR 2022 SC 527

Constitution of India, 1950; Article 136 - Scope of interference in criminal appeals by special leave discussed. Mekala Sivaiah v. State of Andhra Pradesh, 2022 LiveLaw (SC) 604 : AIR 2022 SC 3378 : (2022) 8 SCC 253

Constitution of India, 1950; Article 136 - Special Leave Petition against a review order alone is not maintainable. (Para 3) R.K. Singh vs General Manager, 2022 LiveLaw (SC) 119

Constitution of India, 1950; Article 136 - Special Leave Petition - A mere dismissal of the Special Leave Petition would not mean that the view of the High Court has been approved by this Court. (Para 37) State of Odisha v. Sulekh Chandra Pradhan, 2022 LiveLaw (SC) 393 : AIR 2022 SC 2030 : (2022) 7 SCC 482

Constitution of India, 1950; Article 136 - Special Leave to appeal - Unless it is shown that exceptional and special circumstances exist; that substantial and grave injustice have been done and the case and question present features of sufficient gravity to warrant a review of the decision appealed against, this Court would not exercise its overriding powers under Article 136(1) of the Constitution. The wide discretionary power with which this Court is invested under Article 136 is to be exercised sparingly and in exceptional cases only. (Para 75) Satish Chandra Yadav v. Union of India, 2022 LiveLaw (SC) 798 : 2022 (14) SCALE 270

Constitution of India, 1950; Article 136 - Supreme Court exercising power under Article 136 of the Constitution may not refuse to interfere in a case where three Courts have gone completely wrong. The jurisdiction generated in an appeal under Article 136 is undoubtedly rare and extraordinary. Article 136 of the Constitution only confers a right to obtain special leave in rare and extraordinary cases. (Para 11) Tedhi Singh v. Narayan Dass Mahant, 2022 LiveLaw (SC) 275 : (2022) 6 SCC 735

Constitution of India, 1950; Article 136 - The discretionary jurisdiction under Article 136 should not ordinarily be exercised to interfere with an otherwise just and reasonable order by recourse to hyper technicality upon a narrow, rigid and pedantic interpretation of the guidelines. (Para 55) State of Telangana v. B. Subba Rayadu, 2022 LiveLaw (SC) 767 : AIR 2022 SC 4373

Constitution of India, 1950; Articles 136, 225 and 227 - Even when a direct appeal to the Supreme Court is provided by a statute against the decision of a tribunal, the remedy under Article 226 or 227 before the High Court remains unextinguished. (Para 24) Madhya Pradesh High Court Advocates Bar Association v. Union of India, 2022 LiveLaw (SC) 495 : AIR 2022 SC 2713

Article 139A - Transfer of certain cases

Constitution of India, 1950; Article 139A - Transfer - The likelihood of divergence of views cannot be a ground for transfer - Decision to transfer or not, to the Supreme Court or to one High Court, has to be taken with reference to the given set of facts and circumstances - No hard and fast rule or any structured formula is provided nor appears desirable. (Para 16) Union of India v. United Planters Association of Southern India, 2022 LiveLaw (SC) 573

Constitution of India, 1950; Article 139A - Transfer Petitions seeking transfer of various writ petitions, pending before different High Courts challenging the constitutional validity of the Payment of Bonus (Amendment) Act, 2015 to the Supreme Court - Dismissed - It appears just and proper that the petitions in the jurisdictional High Courts are decided with reference to their own factual background and the law applicable. Union of India v. United Planters Association of Southern India, 2022 LiveLaw (SC) 573

Article 141 - Law declared by Supreme Court to be binding on all courts

Constitution of India, 1950; Article 141 - Executive Decisions - When it comes to taking decisions which affect the rights of the citizens, it is the paramount duty of the Executive to enquire carefully about the implications of its decisions. At the very minimum, it must equip itself with the law which is laid down by the Courts and find out whether the decision will occasion a breach of law declared by the highest Court of the land - Respect for the decisions of the Courts holding the field are the very core of Rule of Law. Disregard or neglecting the position at law expounded by the Courts would spell doom for a country which is governed by the Rule of Law. (Para 22, 23) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 141 - High Court is not a Court to subordinate to the Supreme Court. However, when the High Court deals with judgments of this Court, which are binding on everyone under Article 141 of the Constitution of India, it is expected that the judgments have to be dealt with due respect. Ramachandra Barathi @ Sathish Sharma V.K. v. State of Telangana, 2022 LiveLaw (SC) 986

Constitution of India, 1950; Article 141 - Precedent - A subsequent decision, in which the earlier decisions were considered and distinguished by this Court, the subsequent decision of this Court was binding upon the High Court - Not following the binding precedents of this Court by the High Court is contrary to Article 141 of the Constitution of India. (Para 7.3) Gregory Patrao v. Mangalore Refinery and Petrochemicals Ltd., 2022 LiveLaw (SC) 602 : (2022) 10 SCC 461

Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

Constitution of India, 1950; Article 142 - Affirmed the judgment of the High Court but refused to grant a decree of dissolution on the ground of cruelty - Invoking Article 142 of the Constitution the marriage declared as dissolved. N. Rajendran v. S. Valli, 2022 LiveLaw (SC) 224 : 2022 (3) SCALE 275

Constitution of India, 1950; Article 142 - Court can grant appropriate relief when there is some manifest illegality or where some palpable injustice is shown to have resulted. Such a power can be traced either to Article 142 of the Constitution of India or powers inherent as guardian of the Constitution. (Para 19) Bhola Kumhar v. State of Chhattisgarh, 2022 LiveLaw (SC) 589

Constitution of India, 1950; Article 142 - In a catena of decisions of this Court, this power has been recognised and exercised, if need be, by issuing necessary directions to fill the vacuum till such time the legislature steps in to cover the gap or the executive discharges its role. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525

Constitution of India, 1950; Article 142 - Irretrievable breakdown of marriage - Consent of the parties is not necessary to declare a marriage dissolved. (Para 29-31) N. Rajendran v. S. Valli, 2022 LiveLaw (SC) 224 : 2022 (3) SCALE 275

Constitution of India, 1950; Article 142 - Irretrievable breakdown of marriage - Affirmed the judgment of the High Court but refused to grant a decree of dissolution on the ground of cruelty - Invoking Article 142 of the Constitution the marriage declared as dissolved. N. Rajendran v. S. Valli, 2022 LiveLaw (SC) 224 : 2022 (3) SCALE 275

Constitution of India, 1950; Article 142 - Powers under Article 142 can be exercised to reduce the amount of interest awarded. [Para 18] Executive Engineer (R and B) v. Gokul Chandra Kanungo, 2022 LiveLaw (SC) 824 : AIR 2022 SC 4857

Constitution of India, 1950; Article 142 - Relief can be moulded by this Court in exercise of its power under Article 142 of the Constitution, notwithstanding the declaration of a statute as unconstitutional. (Para 23) State of Manipur v. Surjakumar Okram, 2022 LiveLaw (SC) 113

Constitution of India, 1950; Article 142 - The issue whether a Judge sitting singly can pass an order granting decree of divorce to the parties on the basis of the Settlement Agreement in exercise of powers conferred under Article 142 of the Constitution of India referred for adjudication by a larger Bench. (Para 2) Anamika Varun Rathore v. Varun Pratap Singh Rathore, 2022 LiveLaw (SC) 125

Article 145 - Rules of Court, etc

Constitution of India, 1950; Article 145(3), 239AA(3)(a) and Entry 41 of List II of Seventh Schedule - interpretation of the phrases: “in so far as any such matter is applicable to Union Territories” and “Subject to the provisions of this Constitution” as contained in Article 239AA(3)(a) of the Constitution - Referred for an authoritative pronouncement by a Constitution Bench in terms of Article 145(3) of the Constitution. (Para 8-10) Govt of NCT Delhi v. Union of India, 2022 LiveLaw (SC) 459 : 2022 (7) SCALE 507

Article 161 - Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

Constitution of India, 1950; Article 161 - Grant of Remission - Governor, in the matter of remission of an appellant convicted under Section 302, was bound by the advice of the State Cabinet. R.P. Ravichandran v. State of Tamil Nadu, 2022 LiveLaw (SC) 954

Constitution of India, 1950; Article 161 - Non-exercise of the power by Governor under Article 161 is not immune from judicial review -Given petitions under Article 161 pertain to the liberty of individuals, inexplicable delay not on account of the prisoners is inexcusable as it contributes to adverse physical conditions and mental distress faced by a prisoner, especially when the State Cabinet has taken a decision to release the prisoner by granting him the benefit of remission / commutation of his sentence. (Para 20) A.G. Perarivalan v. State, 2022 LiveLaw (SC) 494 : AIR 2022 SC 2608

Constitution of India, 1950; Article 161 - The advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161. (Para 19) A.G. Perarivalan v. State, 2022 LiveLaw (SC) 494 : AIR 2022 SC 2608

Article 173 - Qualification for membership of the State Legislature

Constitution of India, 1950; Article 173 (b) - Supreme Court upholds decision of Allahabad High Court to disqualify Azam Khan's son for not meeting age criteria. Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan, 2022 LiveLaw (SC) 925

Article 194 - Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.

Constitution of India, 1950; Article 194 (3), 246 - Schedule VII List II Entry 39 and 40 - Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 - In Bimolangshu Roy v. State of Assam (2018) 14 SCC 408, it was declared that the Legislature of Assam lacked competence to enact it - Need no reconsideration - Entry 40 which relates to salaries and allowances of the Ministers of the State cannot be resorted to, for the purpose of justifying the legislative competence in enacting the Assam Act, 2004. (Para 14) State of Manipur v. Surjakumar Okram, 2022 LiveLaw (SC) 113

Article 226 - Power of High Courts to issue certain writs

Constitution of India, 1950; Article 226 - "Person aggrieved" - Despite adequate opportunity, if a person has not lodged any objection at an appropriate stage and time, he could not be said to have been in fact, grieved. (Para 8.1) K. Kumara Gupta v. Sri Markendaya and Sri Omkareswara Swamy Temple, 2022 LiveLaw (SC) 182 : AIR 2022 SC 1220 : (2022) 5 SCC 710

Constitution of India, 1950; Article 226 - An order of the Registrar directing the registration of a document is amenable to a challenge under Article 226 of the Constitution - The mere existence of the remedy available before a civil court, under Section 9 of the CPC to avoid the document or to seek a declaration in regard to its invalidity, will not divest a person, who complains that the order passed by Registrar for the registration of the document was contrary to statutory provisions, of the remedy which is available in the exercise of a court's writ jurisdiction under Article 226 of the Constitution. (Para 30) Veena Singh v. District Registrar / Additional Collector, 2022 LiveLaw (SC) 462 : (2022) 7 SCC 1

Constitution of India, 1950; Article 226 - Appeal against Bombay HC judgments dismissing writ petitions reopening of the assessment/re-assessment proceedings under Section 148 of the Income Tax Act - Allowed - Orders are bereft of reasoning as diverse grounds were urged/raised by the parties which ought to have been examined by the High Court in the first place and a clear finding was required to be recorded upon analysing the relevant documents - Remanded. Vishal Ashwin Patel v. Assistant Commissioner, 2022 LiveLaw (SC) 322 : 2022 (5) SCALE 392

Constitution of India, 1950; Article 226 - Appeal against high Court set aside the orders passed by authorities refusing to confirm auction in favour of highest bidder - Allowed - The High Court was not supposed to interfere in the opinion of the executive who were dealing on the subject, unless the decision is totally arbitrary or unreasonable, and it was not open for the High Court to sit like a Court of Appeal over the decision of the competent authority and particularly in the matters where the authority competent of floating the tender is the best judge of its requirements, therefore, the interference otherwise has to be very minimal. State of Punjab v. Mehar Din, 2022 LiveLaw (SC) 235 : AIR 2022 SC 1413 : (2022) 5 SCC 648

Constitution of India, 1950; Article 226 - Appeal against Karnataka High Court judgment which set aside the judgment of the Karnataka Administrative Tribunal directing the compulsory retirement of the respondent employee from service following a disciplinary enquiry on charges of bribery - Allowed - High Court exceeded its jurisdiction under Article 226 and trenched upon a domain which falls within the disciplinary jurisdiction of the employee - The acquittal of the respondent in the course of the criminal trial did not impinge upon the authority of the disciplinary authority or the finding of misconduct in the disciplinary proceeding. State of Karnataka v. Umesh, 2022 LiveLaw (SC) 304 : (2022) 6 SCC 563

Constitution of India, 1950; Article 226 - Appeal against Uttarakhand HC order which disposed a writ petition filed without deciding it on merits - Allowed and remanded - The order is bereft of reasoning as diverse grounds were urged/raised by the parties which ought to have been examined by the High Court in the first place and a clear finding was required to be recorded upon analysing the relevant documents. State of Uttarakhand v. Mayan Pal Singh Verma, 2022 LiveLaw (SC) 388 : AIR 2022 SC 1916

Constitution of India, 1950; Article 226 - CISF Rules, 2001; Rule 52 - Appellate power under Rule 52 of the CISF Rules, 2001, cannot be equated with power of judicial review exercised by constitutional courts. (Para 9) Union of India v. Managobinda Samantaray, 2022 LiveLaw (SC) 244 : 2022 (4) SCALE 667

Constitution of India, 1950; Article 226 - CISF Rules, 2001; Rule 52 - Appellate power under Rule 52 of the CISF Rules, 2001, cannot be equated with power of judicial review exercised by constitutional courts. (Para 9) Union of India v. Managobinda Samantaray, 2022 LiveLaw (SC) 244 : 2022 (4) SCALE 667

Constitution of India, 1950; Article 226 - Code of Criminal Procedure, 1973; Section 432 - Judicial Review - Appeal against the High Court judgment which allowed the request for remission itself on the premise that it is covered by the policy - It was not within the domain of judicial review for the learned judge to have himself exercised the power of remission - Though we do not find the exercise of power in the impugned judgment in accordance with law, we would not like to interfere under Article 136 of the Constitution of India insofar as now the respondent having been given the benefit of remission, it would not be appropriate to put him back in custody. State of Haryana v. Daya Nand, 2022 LiveLaw (SC) 948

Constitution of India, 1950; Article 226 - Company Secretaries Regulations, 1982; Regulation 114(4) - Calcutta High Court set aside election of office bearers of EIRC of ICSI allowing a writ petition filed by a person who did not contest the election - In view of Regulation 114(4) of the Regulations, the High Court ought not to have entertained the writ petition challenging the validity of the election. Even otherwise, even as per Regulation 114(4), the election can be challenged by the candidate concerned - The High Court erred in entertaining the writ petition challenging the election at the instance of the respondent no.1 who even did not contest the election of the office bearers. Institute of Company Secretaries of India v. Biman Debnath, 2022 LiveLaw (SC) 945

Constitution of India, 1950; Article 226 - Disciplinary Proceedings - Scope of judicial review and interference of the courts in the matter of disciplinary proceedings and on the test of proportionality discussed. Anil Kumar Upadhyay v. Director General, SSB, 2022 LiveLaw (SC) 392 : AIR 2022 SC 2008

Constitution of India, 1950; Article 226 - Disciplinary Proceedings - Courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence. However, if principles of natural justice have been violated or the statutory regulations have not been adhered to or there are malafides attributable to the Disciplinary Authority, then the courts can certainly interfere - Being fact finding authorities, both the Disciplinary Authority and the Appellate Authority are vested with the exclusive power to examine the evidence forming part of the inquiry report. On finding the evidence to be adequate and reliable during the departmental inquiry, the Disciplinary Authority has the discretion to impose appropriate punishment on the delinquent employee keeping in mind the gravity of the misconduct. However, in exercise of powers of judicial review, the High Court or for that matter, the Tribunal cannot ordinarily reappreciate the evidence to arrive at its own conclusion in respect of the penalty imposed unless and until the punishment imposed is so disproportionate to the offence that it would shock the conscience of the High Court/Tribunal or is found to be flawed for other reasons, as enumerated in Union of India vs. P. Gunasekaran ((2015) 2 SCC 610). If the punishment imposed on the delinquent employee is such that shocks the conscience of the High Court or the Tribunal, then the Disciplinary/Appellate Authority may be called upon to re-consider the penalty imposed. Only in exceptional circumstances, which need to be mentioned, should the High Court/Tribunal decide to impose appropriate punishment by itself, on offering cogent reasons therefor. (Para 15-22) Union of India v. Subrata Nath, 2022 LiveLaw (SC) 998

Constitution of India, 1950; Article 226 - Examining Constitutional validity of legislation - There is a presumption about the constitutionality of the law made by the Parliament/State Legislature - High Court should not deal with the question of validity in a cryptic/casual manner. (Para 14-16) State of Karnataka v. B.R. Muralidhar, 2022 LiveLaw (SC) 637

Constitution of India, 1950; Article 226 - Execution of Arbitration awards against NHAI - If the High Courts convert itself to the Executing Court and entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the Arbitral Tribunal/Court, the High Courts would be flooded with the writ petitions to execute awards passed by the learned Arbitrator/Arbitral Tribunal/Arbitral Court - We disapprove the entertaining of such writ petitions under Article 226 of the Constitution of India to execute the award passed by the learned Arbitral Tribunal/Court, without relegating the judgment creditor in whose favour the award is passed to file an execution proceeding before the competent Executing Court. (Para 6-7) National Highways Authority of India v. Sheetal Jaidev Vade, 2022 LiveLaw (SC) 705 : AIR 2022 SC 3980

Constitution of India, 1950; Article 226 - Habeas Corpus - Child Custody - Parens patriae jurisdiction - Even while considering Habeas Corpus writ petition qua a minor, in a given case, the High Courts may direct for return of the child or decline to change the custody of the child taking into account the attending facts and circumstances. (Para 9) Rohith Thammana Gowda v. State of Karnataka, 2022 LiveLaw (SC) 643 : AIR 2022 SC 3511

Constitution of India, 1950; Article 226 - Habeas Corpus Petition - Custody Petition - The issue of custody of a minor, whether in a petition seeking habeas corpus or in a custody petition, has to be decided on the touchstone of the principle that the welfare of a minor is of paramount consideration. The Courts, in such proceedings, cannot decide where the parents should reside as it will affect the right to privacy of the parents - A writ Court while dealing with the issue of habeas corpus cannot direct a parent to leave India and to go abroad with the child. If such orders are passed against the wishes of a parent, it will offend her/his right to privacy. A parent has to be given an option to go abroad with the child. It ultimately depends on the parent concerned to decide and opt for giving a company to the minor child for the sake of the welfare of the child. It will all depend on the priorities of the concerned parent. (Para 33) Vasudha Sethi v. Kiran V. Bhaskar, 2022 LiveLaw (SC) 48 : AIR 2022 SC 476

Constitution of India, 1950; Article 226 - High Court cannot issue direction to the State to form a new policy. Krishan Lal v. Vini Mahajan Secretary, 2022 LiveLaw (SC) 68

Constitution of India, 1950; Article 226 - High Court has exceeded its jurisdiction while issuing a writ of mandamus directing the State to provide a particular percentage of reservation for sports persons, namely, in the present case, 3% reservation instead of 1% provided by the State Government, while exercising powers under Article 226 of the Constitution of India. (Para 9) State of Punjab v. Anshika Goyal, 2022 LiveLaw (SC) 84 : AIR 2022 SC 918 : (2022) 3 SCC 633

Constitution of India, 1950; Article 226 - High Court ought not to have granted further extension de hors the sanctioned OTS Scheme exercising the powers under Article 226 of the Constitution of India - Directing the Bank to reschedule the payment under OTS would tantamount to modification of the contract which can be done by mutual consent under Section 62 of the Indian Contract Act. State Bank of India v. Arvindra Electronics Pvt. Ltd., 2022 LiveLaw (SC) 908 : AIR 2022 SC 5517

Constitution of India, 1950; Article 226 - Income Tax Act, 1961; Section 132 - Principles in exercising the writ jurisdiction in the matter of search and seizure under Section 132 restated. (Para 33) Principal Director of Income Tax (Investigation) v. Laljibhai KanjiBhai Mandalia, 2022 LiveLaw (SC) 592 : AIR 2022 SC 3304

Constitution of India, 1950; Article 226 - Judicial interference in tender conditions - As per the settled position of law, the terms and conditions of the Invitation to Tender are within the domain of the tenderer/tender making authority and are not open to judicial scrutiny, unless they are arbitrary, discriminatory or mala fide. As per the settled position of law, the terms of the Invitation to Tender are not open to judicial scrutiny, the same being in the realm of contract. The Government/tenderer/tender making authority must have a free hand in setting the terms of the tender. (Para 6) Airports Authority of India v. Centre for Aviation Policy, 2022 LiveLaw (SC) 814 : AIR 2022 SC 4749

Constitution of India, 1950; Article 226 - Judicial review is not akin to adjudication of the case on merits, and adequacy or inadequacy of evidence, unless the court finds that the findings recorded are based on no evidence, perverse or are legally untenable in the sense that it fails to pass the muster of the Wednesbury principles. Power of the High Court under Articles 226 and 227 of the Constitution of India enables exercise of judicial review to correct errors of law, including procedural law, leading to manifest injustice or violation of principles of fairness, without normally venturing into reappreciation of evidence. CISF v. Santosh Kumar Pandey, 2022 LiveLaw (SC) 1036

Constitution of India, 1950; Article 226 - Judicial Review - Contractual Matters - The scope of judicial review in such foreign funded contracts should be far much less than the ordinary Government funded contracts funded from Consolidated Fund of India. The scope of judicial review in such foreign funded contracts/projects would be restricted and minimal. In such foreign funded contracts, the only ground for judicial review ought to be on a limited aspect, i.e., the action of the executing authority does not suffer from favouritism or nepotism and based on the grounds which have been concealed from the foreign financing authority, if disclosed, would have persuaded the financing authority to cancel the contract. (Para 11) National High Speed Rail Corporation Ltd. v. Montecarlo Ltd; 2022 LiveLaw (SC) 108 : AIR 2022 SC 866 : (2022) 6 SCC 401

Constitution of India, 1950; Article 226 - Judicial Review - Contractual Matters - Even while entertaining the writ petition and/or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and/or its agencies/instrumentalities from discharging the constitutional and legal obligation towards the citizens. Therefore, the High Courts should be extremely careful and circumspect in exercise of its discretion while entertaining such petitions and/or while granting stay in such matters. Even in a case where the High Court is of the prima facie opinion that the decision is as such perverse and/or arbitrary and/or suffers from mala fides and/or favouritism, while entertaining such writ petition and/or pass any appropriate interim order, High Court may put to the writ petitioner’s notice that in case the petitioner loses and there is a delay in execution of the project due to such proceedings initiated by him/it, he/they may be saddled with the damages caused for delay in execution of such projects, which may be due to such frivolous litigations initiated by him/it. (Para 15) National High Speed Rail Corporation Ltd. v. Montecarlo Ltd; 2022 LiveLaw (SC) 108 : AIR 2022 SC 866 : (2022) 6 SCC 401

Constitution of India, 1950; Article 226 - Judicial Review - Contractual Matters - Whether the Bid submitted by a Bidder suffers from any material deviation and/or any substantial deviation should be left to the author of the Bid document and normally, the High Courts, in exercise of the powers under Article 226 of the Constitution of India, should not interfere with the same unless such a decision is found to be mala fide and/or there are allegations of favouritism and/or such a decision is arbitrary. (Para 10) National High Speed Rail Corporation Ltd. v. Montecarlo Ltd; 2022 LiveLaw (SC) 108 : AIR 2022 SC 866 : (2022) 6 SCC 401

Constitution of India, 1950; Article 226 - Judicial Review - Disciplinary Proceedings - The power of judicial review in the matter of disciplinary proceedings is extremely limited. It is circumscribed by the limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice. The power of judicial review is an evaluation of the decision-making process and not of the merits of the decision itself. (Para 11) Col. Anil Kumar Gupta v. Union of India, 2022 LiveLaw (SC) 931 : AIR 2022 SC 5626

Constitution of India, 1950; Article 226 - Judicial Review - Interpretation of Tender- The author of the tender document is taken to be the best person to understand and appreciate its requirements- If its interpretation is manifestly in consonance with the language of the tender document or subserving the purchase of the tender, the Court would prefer to keep restraint- The technical evaluation or comparison by the Court is impermissible. (Para 17) Agmatel India Pvt. Ltd. v. Resoursys Telecom, 2022 LiveLaw (SC) 105 : AIR 2022 SC 1103 : (2022) 5 SCC 362

Constitution of India, 1950; Article 226 - Judicial Review - Interpretation of Tender- Even if the interpretation given to the tender document by the person inviting offers is not as such acceptable to the Constitutional Court, that, by itself, would not be a reason for interfering with the interpretation given. (Para 17, 20) Agmatel India Pvt. Ltd. v. Resoursys Telecom, 2022 LiveLaw (SC) 105 : AIR 2022 SC 1103 : (2022) 5 SCC 362

Constitution of India, 1950; Article 226 - Judicial Review - Interpretation of Tender - The process of interpretation of terms and conditions of contract is essentially left to the author of the tender document and the occasion for interference by the Court would arise only if the questioned decision fails on the salutary tests of irrationality or unreasonableness or bias or procedural impropriety. (Para 24) Agmatel India Pvt. Ltd. v. Resoursys Telecom, 2022 LiveLaw (SC) 105 : AIR 2022 SC 1103 : (2022) 5 SCC 362

Constitution of India, 1950; Article 226 - Judicial Review- Disciplinary Proceedings - Where the findings of the disciplinary authority are not based on evidence, or based on a consideration of irrelevant material, or ignoring relevant material, are mala fide, or where the findings are perverse or such that they could not have been rendered by any reasonable person placed in like circumstances, the remedies under Article 226 of the Constitution are available, and intervention, warranted. (Para 19) United Bank of India V. Biswanath Bhattacharjee, 2022 LiveLaw (SC) 109 : 2022 (2) SCALE 644

Constitution of India, 1950; Article 226 - Judicial Review- Disciplinary Proceedings - For any court to ascertain if any findings were beyond the record (i.e., no evidence) or based on any irrelevant or extraneous factors, or by ignoring material evidence, necessarily some amount of scrutiny is necessary. A finding of “no evidence” or perversity, cannot be rendered sans such basic scrutiny of the materials, and the findings of the disciplinary authority. However, the margin of appreciation of the court under Article 226 of the Constitution would be different; it is not appellate in character. (Para 19) United Bank of India V. Biswanath Bhattacharjee, 2022 LiveLaw (SC) 109 : 2022 (2) SCALE 644

Constitution of India, 1950; Article 226 - Judicial review in contractual / commercial / tenders / public auction matters - Superior Courts should not interfere in the matters of tenders, unless substantial public interest was involved or the transaction was malafide - Plausible decisions need not be overturned - Latitude ought to be granted to the State in exercise of its executive power. However, allegations of illegality, irrationality and procedural impropriety would be enough grounds for Courts to assume jurisdiction and remedy such ills - Opinion of the executive who were dealing on the subject, not to be interfered with unless the decision is totally arbitrary or unreasonable. (Para 19 -26) State of Punjab v. Mehar Din, 2022 LiveLaw (SC) 235 : AIR 2022 SC 1413 : (2022) 5 SCC 648

Constitution of India, 1950; Article 226 - Judicial Review in Contractual matters - Even if it is a non-statutory contract, there is no absolute bar in dealing with a cause of action based on acts or omission by the State or its instrumentalities even during the course of the working of a contract - A monetary claim arising from a contract may be successfully urged by a writ applicant but the premise would not be a mere breach of contract. Being part of public law, the case must proceed on the basis of there being arbitrariness vitiating the decision. The matter should not fall within a genuinely disputed question of facts scenario. The dispute which must be capable of being resolved on a proper understanding of documents which are not in dispute may furnish a cause of action in a writ court. - Principles summarized. (Para 78, 54) MP Power Management Company Ltd. v. Sky Power Southeast Solar India Pvt. Ltd., 2022 LiveLaw (SC) 966

Constitution of India, 1950; Article 226 - Judicial Review of Disciplinary Proceedings - Limited jurisdiction - The High Court is not required to reappreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority. (Para 4) Umesh Kumar Pahwa v. Uttarakhand Gramin Bank, 2022 LiveLaw (SC) 155 : AIR 2022 SC 1041 : (2022) 4 SCC 385

Constitution of India, 1950; Article 226 - Judicial Review Of Disciplinary Proceedings - Disciplinary Proceedings - The courts would not interfere unless the exercise of discretion in awarding punishment is perverse in the sense the punishment imposed is grossly disproportionate - Quantum of punishment is within the discretionary domain and the sole power of the decision -making authority once the charge of misconduct stands proved - While exercising the power of judicial review, the court do not assume the role of the appellate authority. Writ jurisdiction is circumscribed by limits of correcting errors of law, procedural error leading to manifest injustice or violation of principles of natural justice. The decision are also disturbed when it is found to be ailing with perversity. (Para 9) Union of India v. Managobinda Samantaray, 2022 LiveLaw (SC) 244 : 2022 (4) SCALE 667

Constitution of India, 1950; Article 226 - Judicial Review of Disciplinary Proceedings - The courts would not interfere unless the exercise of discretion in awarding punishment is perverse in the sense the punishment imposed is grossly disproportionate - Quantum of punishment is within the discretionary domain and the sole power of the decision-making authority once the charge of misconduct stands proved - While exercising the power of judicial review, the court do not assume the role of the appellate authority. Writ jurisdiction is circumscribed by limits of correcting errors of law, procedural error leading to manifest injustice or violation of principles of natural justice. The decision are also disturbed when it is found to be ailing with perversity. (Para 9) Union of India v. Managobinda Samantaray, 2022 LiveLaw (SC) 244 : 2022 (4) SCALE 667

Constitution of India, 1950; Article 226 - Judicial Review of Disciplinary Proceedings - In the exercise of judicial review, the Court does not act as an appellate forum over the findings of the disciplinary authority. The court does not re-appreciate the evidence on the basis of which the finding of misconduct has been arrived at in the course of a disciplinary enquiry. The Court in the exercise of judicial review must restrict its review to determine whether: (i) the rules of natural justice have been complied with; (ii) the finding of misconduct is based on some evidence; (iii) the statutory rules governing the conduct of the disciplinary enquiry have been observed; and (iv) whether the findings of the disciplinary authority suffer from perversity; and (vi) the penalty is disproportionate to the proven misconduct. (Para 17) State of Karnataka v. Umesh, 2022 LiveLaw (SC) 304 : (2022) 6 SCC 563

Constitution of India, 1950; Article 226 - Judicial review of policy decisions - Courts would be slow in interfering in the policy matters, unless the policy is found to be palpably discriminatory and arbitrary. This court would not interfere with the policy decision when a State is in a position to point out that there is intelligible differentia in application of policy and that such intelligible differentia has a nexus with the object sought to be achieved. (Para 16) Satya Dev Bhagaur v. State of Rajasthan, 2022 LiveLaw (SC) 177 : (2022) 5 SCC 314

Constitution of India, 1950; Article 226 - Maharashtra Value Added Tax, 2002 - Central Sales Tax Act, 1956 - The Statute provide for the right of appeal against the assessment order passed by the Assessing Officer and against the order passed by the first appellate authority, an appeal/revision before the Tribunal - The High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India challenging the assessment order in view of the availability of statutory remedy under the Act - The question is not about the maintainability of the writ petition under Article 226 of the Constitution, but about the entertainability of the writ petition against the order of assessment by-passing the statutory remedy of appeal. (Para 6-8) State of Maharashtra v. Greatship (India) Ltd., 2022 LiveLaw (SC) 784 : AIR 2022 SC 4408

Constitution of India, 1950; Article 226 - Mandamus - A writ of mandamus can be issued where the Authority has failed to exercise the discretion vested in it or has exercised such a discretion malafidely or on an irrelevant consideration. Hero Motocorp Ltd. v. Union of India, 2022 LiveLaw (SC) 852 : AIR 2022 SC 5572

Constitution of India, 1950; Article 226 - Natural justice - Natural justice is an important facet of a judicial review. Providing effective natural justice to affected parties, before a decision is taken, is necessary to maintain the Rule of law. Natural justice is usually discussed in the context of administrative actions, wherein procedural requirement of a fair hearing is read in to ensure that no injustice is caused. When it comes to judicial review, the natural justice principle is built into the rules and procedures of the Court, which are expected to be followed meticulously to ensure that highest standards of fairness are afforded to the parties. (Para 36) Future Coupons Pvt. Ltd. v. Amazon.com NV Investment Holdings LLC, 2022 LiveLaw (SC) 114 : (2022) 6 SCC 121

Constitution of India, 1950; Article 226 - Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in the relevant rules for re-evaluation and that too while exercising powers under Article 226 of the Constitution of India is disapproved - In absence of any regulation for re-evaluation of the answer scripts, the High Court is not justified in ordering re-evaluation of the answer scripts - Sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation. (Para 9-10) Dr. NTR University of Health Sciences v. Dr. Yerra Trinadh, 2022 LiveLaw (SC) 909 : AIR 2022 SC 5523

Constitution of India, 1950; Article 226 - Public Interest Litigation - High Courts to be more discerning / vigilant and/or cautious while entertaining writ petitions apparently filed in public interest - (1) The Courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations; (2) The Courts should prima facie verify the credentials of the petitioner before entertaining a PIL; (3) The Courts should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL; (4) The Courts should be fully satisfied that substantial public interest is involved before entertaining the petition; (5) The Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation; and (6) The Courts should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations. (Para 8.12) K. Kumara Gupta v. Sri Markendaya and Sri Omkareswara Swamy Temple, 2022 LiveLaw (SC) 182 : AIR 2022 SC 1220 : (2022) 5 SCC 710

Constitution of India, 1950; Article 226 - Public Interest Litigation - Bona fide of the petitioner who files the PIL is an extremely relevant consideration and must be examined by the Court at the very threshold itself and this has to be done irrespective of the seemingly high public cause being espoused. (Para 12) State of Jharkhand v. Shiv Shankar Sharma, 2022 LiveLaw (SC) 924

Constitution of India, 1950; Article 226 - Public Interest Litigation - Mandamus - The fundamental requirement for the issuance of a writ of mandamus is that the petitioner must have sought such a relief before the appropriate authority and only when it is denied the Court can be approached for a writ a mandamus. This principle cannot be ignored merely because this Court is dealing with a Public Interest Litigation. (Para 10) State of Jharkhand v. Shiv Shankar Sharma, 2022 LiveLaw (SC) 924

Constitution of India, 1950; Article 226 - Public Interest Litigation - PILs filed in the Jharkhand HC seeking probe against Chief Minister of Jharkhand Hemant Soren - Appeal against HC order that held PILs maintainable - Allowed - We are not for a moment saying that people who occupy high offices should not be investigated, but for a High Court to take cognizance of the matter on these generalized submissions which do not even make prima facie satisfaction of the Court, is nothing but an abuse of the process of the Court - It was not proper for the High Court to entertain a PIL which is based on mere allegations and half baked truth that too at the hands of a person who has not been able to fully satisfy his credentials and has come to the Court with unclean hands. State of Jharkhand v. Shiv Shankar Sharma, 2022 LiveLaw (SC) 924

Constitution of India, 1950; Article 226 - Quo Warranto - SLP against Madras HC judgment dismissing petition seeking a writ of quo warranto against Vice Presidents of ITAT appointed in January 2020 alleging that procedure for selection was contrary to the decision in Roger Mathew vs South Indian Bank Limited (2020) 6 SCC 1 - Dismissed - No recourse to the writ jurisdiction of the High Court to seek a writ of quo warranto could have been taken - There is no challenge to the eligibility - We have not entered upon the correctness of the reasoning of the High Court - Petitioner granted liberty to intervene in the pending proceedings in the petition instituted by the Madras Bar Association. Aniruthan v. Union of India, 2022 LiveLaw (SC) 960

Constitution of India, 1950; Article 226 - Quo Warranto - The writ of quo warranto can be issued where an appointment has not been made in accordance with the law. (Para 28) State of West Bengal v. Anindya Sundar Das, 2022 LiveLaw (SC) 831 : AIR 2022 SC 4902

Constitution of India, 1950; Article 226 - Regularization - High Court directed the State to consider the cases of some temporary employees for regularisation sympathetically and if necessary, by creating supernumerary posts - Such a direction is wholly without jurisdiction - No such order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers under Article 226 of the Constitution of India. (Para 6, 10) State of Gujarat v. R.J. Pathan, 2022 LiveLaw (SC) 313 : (2022) 5 SCC 394

Constitution of India, 1950; Article 226 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 18 - Without exhausting the statutory remedy of appeal under Section 18 of SARFAESI Act, the borrowers approached the High Court by filing the writ application - Practice of entertaining the writ application by the High Court in exercise of jurisdiction under Article 226 of the Constitution without exhausting the alternative statutory remedy deprecated. (Para 34) Varimadugu Obi Reddy v. B. Sreenivasulu, 2022 LiveLaw (SC) 967

Constitution of India, 1950; Article 226 - Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 ; Section 13(2) - A writ petition against the private financial institution – ARC – against the proposed action/actions under Section 13(4) of the SARFAESI Act can be said to be not maintainable - The ARC as such cannot be said to be performing public functions which are normally expected to be performed by the State authorities. During the course of a commercial transaction and under the contract, the bank/ARC lent the money to the borrowers herein and therefore the said activity of the bank/ARC cannot be said to be as performing a public function which is normally expected to be performed by the State authorities. If proceedings are initiated under the SARFAESI Act and/or any proposed action is to be taken and the borrower is aggrieved by any of the actions of the private bank/bank/ARC, borrower has to avail the remedy under the SARFAESI Act and no writ petition would lie and/or is maintainable and/or entertainable. (Para 12) Phoenix ARC v. Vishwa Bharati Vidya Mandir, 2022 LiveLaw (SC) 45 : AIR 2022 SC 1045 : (2022) 5 SCC 345

Constitution of India, 1950; Article 226 - Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 ; Section 13(2) - The secured creditor and/or its assignor have a right to recover the amount due and payable to it from the borrowers- The High Court to be extremely careful and circumspect in exercising its discretion while granting stay in such matters. (Para 13.2) Phoenix ARC v. Vishwa Bharati Vidya Mandir, 2022 LiveLaw (SC) 45 : AIR 2022 SC 1045 : (2022) 5 SCC 345

Constitution of India, 1950; Article 226 - SLP challenging High Court order dismissing the writ petition challenging a tender condition - Dismissed - The clause cannot be said to be arbitrary, mala fide and/or tailor made and the same shall be applicable to all the bidders/tenderers and there is justification also shown providing such a clause. Balaji Ventures Pvt. Ltd. v. Maharashtra State Power Generation Company Ltd., 2022 LiveLaw (SC) 295

Constitution of India, 1950; Article 226 - Specific Performance - No writ of mandamus could have been issued virtually granting the writ for specific performance of the contract/work order in a writ petition under Article 226 of the Constitution of India. (Para 8) Municipal Corporation Gondia v. Divi Works & Suppliers HUF, 2022 LiveLaw (SC) 225 : 2022 (4) SCALE 262

Constitution of India, 1950; Article 226 - Specific Relief Act, 1963; Section 41(ha) - In view the intent of the legislature that infrastructure projects should not be stayed, the High Court would have been well advised to hold its hand to stay the construction of the infrastructure project. Such provision should be kept in view even by the Writ Court. (Para 19-21) N.G. Projects Ltd. v. Vinod Kumar Jain, 2022 LiveLaw (SC) 302 : AIR 2022 SC 1531 : (2022) 6 SCC 127

Constitution of India, 1950; Article 226 - Tender - High Court dismissed WPs challenging acceptance of tender following observations made in M/s N. G. Projects Ltd. Vs. M/s Vinod Kumar Jain and others, 2022 LiveLaw (SC) 302 - Appeal allowed - High court has totally misread the Judgment - Respondent was declared eligible in a flagrant violation of principles of natural justice and all fairness in the process of determining the eligibility of the tenderers. Jai Bholenath Construction v. Chief Executive Officer, Zilla Parishad Nanded, 2022 LiveLaw (SC) 542

Constitution of India, 1950; Article 226 - Tender condition of Airport Authority of India challenged by NGO - Supreme Court says NGO had no locus standi to challenge as none of the bidders challenged the conditions. (Para 5) Airports Authority of India v. Centre for Aviation Policy, 2022 LiveLaw (SC) 814 : AIR 2022 SC 4749

Constitution of India, 1950; Article 226 - Tender Jurisdiction - Interim order - disapprove and deprecate the grant of interim relief virtually allowing the writ petitions at an interim stage - If by way of interim relief, a tenderer/petitioner is permitted to participate in the tender process without insisting upon the tender clause which was under challenge and subsequently the writ petition is dismissed what would be the consequences. Balaji Ventures Pvt. Ltd. v. Maharashtra State Power Generation Company Ltd., 2022 LiveLaw (SC) 295

Constitution of India, 1950; Article 226 - The appellant was serving as a Branch Officer of a Bank. A complaint was made against him by one borrower of the Bank alleging that he had sanctioned the limit of loan of Rs.1,50,000/ which was later on reduced to Rs.75,000/ - when the borrower refused to give bribe demanded by him. The disciplinary proceedings were initiated against him. The inquiry officer held that most of the charges were proved. The disciplinary authority/Chairman of the Bank passed an order of removal of the appellant from service. The Appellate Authority dismissed the appeal filed by him. The Uttarakhand High Court also dismissed the writ petition confirming the order of removal from service. Partly allowing the appeal, the Supreme Court held that removal of service can be said to be disproportionate to the charges and misconduct held to be proved. Therefore, the High Court order was modified to the extent substituting the punishment from that of removal of service to that of compulsory retirement. Umesh Kumar Pahwa v. Uttarakhand Gramin Bank, 2022 LiveLaw (SC) 155 : AIR 2022 SC 1041 : (2022) 4 SCC 385

Constitution of India, 1950; Article 226 - The courts cannot interfere with the terms of the tender prescribed by the Government because it feels that some other terms in the tender would have been fair, wiser, or logical. (Para 7) Airports Authority of India v. Centre for Aviation Policy, 2022 LiveLaw (SC) 814 : AIR 2022 SC 4749

Constitution of India, 1950; Article 226 - The High Court's writ jurisdiction under Article 226 extends to protecting the personal liberty persons who have demonstrated that the instrumentality of the State is being weaponized for using the force of criminal law. (Para 16) Mallada K. Sri Ram v. State of Telangana, 2022 LiveLaw (SC) 358 : 2022 (6) SCALE 50

Constitution of India, 1950; Article 226 - The laws of limitation do not apply to exercise of jurisdiction under Article 226 - Relief under Article 226 being discretionary, the Courts might in their discretion refuse to entertain the Writ Petition, where there is gross delay on the part of the Writ Petitioner, particularly, where the relief sought would, if granted, unsettle things, which are already settled. (Para 26) State of Rajasthan v. O.P. Gupta, 2022 LiveLaw (SC) 785 : AIR 2022 SC 4538

Constitution of India, 1950; Article 226 - The State Government, as a juristic entity, has a right to protect its property through the writ court, just as any individual could have invoked the jurisdiction of the High Court. (Para 125) State of Andhra Pradesh v. A.P. State Wakf Board, 2022 LiveLaw (SC) 136

Constitution of India, 1950; Article 226 - The terms of employment of contract between a school and non teaching staff cannot and should not be construed to be an inseparable part of the obligation to impart education. This is particularly in respect to the disciplinary proceedings that may be initiated against a particular employee. It is only where the removal of an employee of non teaching staff is regulated by some statutory provisions, its violation by the employer in contravention of law may be interfered by the court. But such interference will be on the ground of breach of law and not on the basis of interference in discharge of public duty. (Para 69) St. Mary's Educational institute v. Rajendra Prasad Bhargava, 2022 LiveLaw (SC) 708

Constitution of India, 1950; Article 226 - When a number of issues/grounds were raised in the writ petitions, it is the duty cast upon the court to deal with the same and thereafter, to pass a reasoned order. When the Constitution confers on the High Courts the power to give relief it becomes the duty of the Courts to give such relief in appropriate cases and the Courts would be failing to perform their duty if relief is refused without adequate reasons. (Para 2.1) Vishal Ashwin Patel v. Assistant Commissioner, 2022 LiveLaw (SC) 322 : 2022 (5) SCALE 392

Constitution of India, 1950; Article 226 - When a number of issues/grounds were raised in the writ petition, there is a duty cast upon the High Court to deal with the same and thereafter, to pass a reasoned order. State of Uttarakhand v. Mayan Pal Singh Verma, 2022 LiveLaw (SC) 388 : AIR 2022 SC 1916

Constitution of India, 1950; Article 226 - When a remedy under the statute is available filing of a writ petition under Article 226 of the Constitution is to be discouraged by the High Court. Kotak Mahindra Bank v Dilip Bhosale, 2022 LiveLaw (SC) 545

Constitution of India, 1950; Article 226 - Where a party questions only the failure of the Registering Authority to perform his statutory duties in the course of the third step, it cannot be said that the jurisdiction of the High Court under Article 226 stands completely ousted. This is for the reason that the writ jurisdiction of the High Court is to ensure that statutory authorities perform their duties within the bounds of law. (Para 53) Asset Reconstruction Company v. SP Velayutham, 2022 LiveLaw (SC) 445 : (2022) 8 SCC 210

Constitution of India, 1950; Article 226 - Whether the dictum of automatic vacation of stay in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 applicable to an interim order of stay passed by High Court in writ proceedings (writ appeal) - The order of stay granted by the Division Bench in the High Court cannot be treated as having no force - This Court cannot be understood as having intended to apply the principle to the fact situation which is presented in this case. Asian Resurfacing of Road Agency v. Central Bureau of Investigation, 2022 LiveLaw (SC) 440

Constitution of India, 1950; Article 226 - Writ Appeal - Appeal against High Court judgment which dismissed special (writ) appeal without independent reasoning - Allowed - This is not the manner in which the Division Bench should have decided and disposed of the writ appeal. Thus, the Division Bench of the High Court has not exercised the appellate jurisdiction vested in it - Remanded for fresh consideration. State of Uttar Pradesh v. Prem Kumar Shukla, 2022 LiveLaw (SC) 249

Constitution of India, 1950; Article 226 - Writ Appeal - There must be an independent application of mind and at least some independent reasoning to be given by the appellate Court while deciding and disposing of the writ appeal. (Para 6) State of Uttar Pradesh v. Prem Kumar Shukla, 2022 LiveLaw (SC) 249

Constitution of India, 1950; Article 226 - Writ Jurisdiction - Contractual Matters - Interim orders - Any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of the services meant for larger public good. (Para 26) N.G. Projects Ltd. v. Vinod Kumar Jain, 2022 LiveLaw (SC) 302 : AIR 2022 SC 1531 : (2022) 6 SCC 127

Constitution of India, 1950; Article 226 - Writ Jurisdiction - Grant of Tender - If the Court finds that there is total arbitrariness or that the tender has been granted in a malafide manner, still the Court should refrain from interfering in the grant of tender but instead relegate the parties to seek damages for the wrongful exclusion rather than to injunct the execution of the contract. The injunction or interference in the tender leads to additional costs on the State and is also against public interest. (Para 23) N.G. Projects Ltd. v. Vinod Kumar Jain, 2022 LiveLaw (SC) 302 : AIR 2022 SC 1531 : (2022) 6 SCC 127

Constitution of India, 1950; Article 226 - Writ Jurisdiction - Grant of Tender - Multiple layers of exercise of jurisdiction also delay the final adjudication challenging the grant of tender. It would be open to the High Courts or the Hon'ble Chief Justice to entrust these petitions to a Division Bench of the High Court, which would avoid at least hearing by one of the forums. (Para 27) N.G. Projects Ltd. v. Vinod Kumar Jain, 2022 LiveLaw (SC) 302 : AIR 2022 SC 1531 : (2022) 6 SCC 127

Constitution of India, 1950; Article 226 - Writ Jurisdiction - Grant of Tender - Interpretation of terms of the contract is that the question as to whether a term of the contract is essential or not is to be viewed from the perspective of the employer and by the employer - Satisfaction whether a bidder satisfies the tender condition is primarily upon the authority inviting the bids -The Writ Court should refrain itself from imposing its decision over the decision of the employer as to whether or not to accept the bid of a tenderer. The Court does not have the expertise to examine the terms and conditions of the present day economic activities of the State and this limitation should be kept in view. Courts should be even more reluctant in interfering with contracts involving technical issues as there is a requirement of the necessary expertise to adjudicate upon such issues. The approach of the Court should be not to find fault with magnifying glass in its hands, rather the Court should examine as to whether the decision-making process is after complying with the procedure contemplated by the tender conditions. (Para 17, 22, 23) N.G. Projects Ltd. v. Vinod Kumar Jain, 2022 LiveLaw (SC) 302 : AIR 2022 SC 1531 : (2022) 6 SCC 127

Constitution of India, 1950; Article 226 - Writ Jurisdiction - Nature of the function performed by a body may be relevant for Article 226, considering the language of Article 226 which encapsulates a wide scope of legal right. (Para 22) Kishor Madhukar Pinglikar v. Automotive Research Association of India, 2022 LiveLaw (SC) 189

Constitution of India, 1950; Article 226 - Writ petition - An educational institution may perform myriad functions touching various facets of public life and in the societal sphere. While such of those functions as would fall within the domain of a "public function" or "public duty" be undisputedly open to challenge and scrutiny under Article 226 of the Constitution, the actions or decisions taken solely within the confines of an ordinary contract of service, having no statutory force or backing, cannot be recognised as being amenable to challenge under Article 226 of the Constitution. In the absence of the service conditions being controlled or governed by statutory provisions, the matter would remain in the realm of an ordinary contract of service. (Para 69) St. Mary's Educational institute v. Rajendra Prasad Bhargava, 2022 LiveLaw (SC) 708

Constitution of India, 1950; Article 226 - Writ Petition - High Court should apply its mind to the grounds of challenge and to the submissions made. State of Orissa v. Prasanta Kumar Swain, 2022 LiveLaw (SC) 51

Constitution of India, 1950; Article 226 - Writ Petition - Locus Standi - Registered Society of Professional Architects who claim to be teaching faculty in institutions imparting education in Architecture, filed a writ petition on the file of the High Court of Judicature at Madras, praying for quashing the "Minimum Standards of Architectural Education Regulations, 2017 - High Court quashed the Regulations - Allowing the appeal, the Supreme Court while setting aside the High Court judgment observed: Due to the nature of its membership, the society could have been aggrieved only by the prescriptions affecting the teaching faculty. It could not have challenged the prescriptions with which they are not in any way concerned. (Para 19) Council of Architecture v. Academic Society of Architects (TASA), 2022 LiveLaw (SC) 172 : (2022) 5 SCC 161

Constitution of India, 1950; Article 226 - Writ petition is maintainable against a person or a body discharging public duties or public functions. The public duty cast may be either statutory or otherwise and where it is otherwise, the body or the person must be shown to owe that duty or obligation to the public involving the public law element. Similarly, for ascertaining the discharge of public function, it must be established that the body or the person was seeking to achieve the same for the collective benefit of the public or a section of it and the authority to do so must be accepted by the public - While a body may be discharging a public function or performing a public duty and thus its actions becoming amenable to judicial review by a Constitutional Court, its employees would not have the right to invoke the powers of the High Court conferred by Article 226 in respect of matter relating to service where they are not governed or controlled by the statutory provisions. (Para 69) St. Mary's Educational institute v. Rajendra Prasad Bhargava, 2022 LiveLaw (SC) 708

Constitution of India, 1950; Article 226 - Writ Petitions - After a period of 10 years from the date of execution of the Sale Deed with NOIDA, the petitioner made a representation to it requesting to allot a plot as agreed in terms of the Sale Deed - High Court directed NOIDA to consider the representation - NOIDA rejected it - This was again challenged before High Court by the Petitioner - High Court dismissed writ petition - SLP challenging the said High Court judgment dismissed. Surjeet Singh Sahni v. State of U.P., 2022 LiveLaw (SC) 232 : 2022 (4) SCALE 280

Constitution of India, 1950; Article 226 - Writ Petitions - Delay and Latches - High Courts directing the authorities to decide the representation though the representations are made belatedly - Mere representation does not extend the period of limitation - If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing the authority to decide the representation - Such order shall not give an opportunity to the petitioner to thereafter contend that rejection of the representation subsequently has given a fresh cause of action. (Para 4, 5) Surjeet Singh Sahni v. State of U.P., 2022 LiveLaw (SC) 232 : 2022 (4) SCALE 280

Constitution of India, 1950; Article 226 - Writ Petitions - No writ under Article 226 of the Constitution of India shall be maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance would have been barred by limitation. (Para 6) Surjeet Singh Sahni v. State of U.P., 2022 LiveLaw (SC) 232 : 2022 (4) SCALE 280

Constitution of India, 1950; Articles 226 - Code of Criminal Procedure, 1973; Section 482 - High Court does not have the power even under Articles 226 or Section 482 CrPC to direct the investigation to be conducted in a particular manner. State of West Bengal v. Sandip Biswas, 2022 LiveLaw (SC) 1024

Constitution of India, 1950; Article 226 - Writ Jurisdiction - Existence of an alternate remedy by itself cannot exclude the writ jurisdiction of the High Court -A constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cannot be a case of lack of inherent jurisdiction - Statute may provide for an alternate forum to which the High Court may relegate the party in an appropriate case- It has been a self-imposed restraint which is fairly faithfully adhered to by the High Courts and it is largely a matter of discretion. (Para 179) Maharashtra State Board of Waqfs v. Shaikh Yusuf Bhai Chawla, 2022 LiveLaw (SC) 1003

Article 227 - Power of superintendence over all courts by the High Court.

Constitution of India, 1950; Article 227 - Appeal against High Court order which set aside the eviction order of Appellate Tribunal High Court - Allowed - The High Court tested the legality of the order of the Tribunal through the lens of an appellate body and not as a supervisory Court in adjudicating the application under Article 227 of the Constitution of India. This is impermissible - There was no perversity in the order of the Appellate Tribunal on the basis of which the High Court could have interfered. Puri Investments v. Young Friends and Co., 2022 LiveLaw (SC) 279 : 2022 (4) SCALE 654

Constitution of India, 1950; Article 227 - Code of Civil Procedure, 1973; Order IX Rule 13 - High Court not to entertain a revision application challenging the exparte judgment and decree as there was a statutory alternative remedy by way of an appeal available. (Para 6-7) Mohamed Ali v. V. Jaya, 2022 LiveLaw (SC) 574 : (2022) 10 SCC 477

Constitution of India, 1950; Article 227 - Code of Civil Procedure, 1908; Section 115 - Appeal against HC order dismissing writ petition under Article 227 on the ground of availability of remedy of revision under Section 115 CPC - Allowed - Where there is availability of remedy under Section 115 CPC normally the petition under Article 227 would not lie - But that does not mean that writ petition under Article 227 shall not be maintainable at all - There is a difference and distinction between the entertainability and maintainability - The High Court ought to have converted the writ petition under Article 227 into revision petition under Section 115 CPC and ought to have considered the same in accordance with law and on its own merits, rather than permitting the writ petitioners to file a fresh revision application under Section 115 of the CPC. It would unnecessary increase the burden of the Court. (Para 3-4) Raj Shri Agarwal @ Ram Shri Agarwal v. Sudheer Mohan, 2022 LiveLaw (SC) 864

Constitution of India, 1950; Article 227 - Consumer Protection Act, 2019; Section 58 (1)(a)(iii & iv) - Writ petition under Article 227 maintainable against the order passed by the National Commission in an appeal under Section 58 (1)(a)(iii) or Section 58(1)(a) (iv) of the 2019 Act - While granting any interim stay/relief in a writ petition under Article 227 of the Constitution against an order passed by the National Commission, the same shall always be subject to the rigour of the powers to be exercised under Article 227 of the Constitution of India. (Para 11-14.1) Ibrat Faizan v. Omaxe Buildhome Pvt. Ltd; 2022 LiveLaw (SC) 481 : AIR 2022 SC 2363

Constitution of India, 1950; Article 227 - Scope of interference by the supervisory Court on decisions of the fact -finding forum - Situations when a finding on facts or questions of law would be perverse: (i) Erroneous on account of non -consideration of material evidence, or (ii) Being conclusions which are contrary to the evidence, or (iii) Based on inferences that are impermissible in law. (Para 10 -11) Puri Investments v. Young Friends and Co., 2022 LiveLaw (SC) 279 : 2022 (4) SCALE 654

Constitution of India, 1950; Article 227 - Supervisory Jurisdiction - Scope of interference by the supervisory Court on decisions of the fact-finding forum is limited - Supreme Court was of the view that there was overstepping of this boundary by the High Court - in its exercise of scrutinising the evidence to find perversity in the order of the Appellate Tribunal, there was re-appreciation of evidence itself by the High Court - the High Court in exercise of its jurisdiction under Article 227 had gone deep into the factual arena to disagree with the final fact-finding forum - the High Court tested the legality of the order of the Tribunal through the lens of an appellate body and not as a supervisory Court exercising powers under Article 227 of the Constitution of India. Puri Investments v. Young Friends and Co., 2022 LiveLaw (SC) 279 : 2022 (4) SCALE 654

Constitution of India, 1950; Article 227 - The High Court exercising supervisory jurisdiction does not act as a court of first appeal to reappreciate, reweigh the evidence or facts upon which the determination under challenge is based. Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when the final finding is justified or can be supported. The High Court is not to substitute its own decision on facts and conclusion, for that of the inferior court or tribunal. The jurisdiction exercised is in the nature of correctional jurisdiction to set right grave dereliction of duty or flagrant abuse violation of fundamental principles of law or justice. The power under Article 227 is exercised sparingly in appropriate cases, like when there is no evidence at all to justify, or the finding is so perverse that no reasonable person can possibly come to such a conclusion that the court or tribunal has come to. It is axiomatic that such discretionary relief must be exercised to ensure there is no miscarriage of justice. (Para 18) Garment Craft v. Prakash Chand Goel, 2022 LiveLaw (SC) 39 : AIR 2022 SC 422 : (2022) 4 SCC 181

Constitution of India, 1950; Article 227 - The power under Article 227 is intended to be used sparingly and only in appropriate cases for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and not for correcting mere errors. (Para 15) State of Madhya Pradesh v. R.D. Sharma, 2022 LiveLaw (SC) 97 : 2022 (2) SCALE 398

Constitution of India, 1950; Article 227 - The remedy under Article 227 available is a constitutional remedy under the Constitution of India which cannot be taken away - In a given case the Court may not exercise the power under Article 227 if the Court is of the opinion that the aggrieved party has another efficacious remedy available under the CPC. However, to say that the writ petition under Article 227 of the Constitution of India shall not be maintainable at all is not tenable. (Para 3) Raj Shri Agarwal @ Ram Shri Agarwal v. Sudheer Mohan, 2022 LiveLaw (SC) 864

Constitution of India, 1950; Article 227- Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - The High Court while exercising jurisdiction under Article 227 of the Constitution of India not justified in upsetting the finding of fact rendered by the Appellant Authority. Harish Kumar v. Pankaj Kumar Garg, 2022 LiveLaw (SC) 239

Constitution of India, 1950; Articles 227, 136 - NCDRC can be regarded as a ‘Tribunal’ within the meaning of Article 227 and/or 136 of the Constitution of India. (Para 12) Ibrat Faizan v. Omaxe Buildhome Pvt. Ltd; 2022 LiveLaw (SC) 481 : AIR 2022 SC 2363

Constitution of India, 1950; Articles 227, 136 - When the remedy under Article 227 of the Constitution of India before the concerned High Court is provided, in that case, it would be in furtherance of the right of access to justice of the aggrieved party, to approach the concerned High Court at a lower cost, rather than a Special Leave to Appeal under Article 136 of the Constitution. (Para 13) Ibrat Faizan v. Omaxe Buildhome Pvt. Ltd; 2022 LiveLaw (SC) 481 : AIR 2022 SC 2363

Article 233 - Appointment of District Judges

Constitution of India, 1950; Article 233, 235 - The High Courts are well within their domain in prescribing a requirement which ensures that candidates with sufficient maturity enter the fold of the higher judiciary. The requirement that a candidate should be at least 35 years of age is intended to sub-serve this - The Constitution does not preclude the exercise of the rule making power by the High Courts to regulate the conditions of service or appointment - Age is not extraneous to the acquisition of maturity and experience, especially in judicial institutions which handle real problems and confront challenges to liberty and justice. (Para 26) High Court of Delhi v. Devina Sharma, 2022 LiveLaw (SC) 286 : (2022) 4 SCC 643

Article 243E - Duration of Panchayats, etc.

Constitution of India, 1950; Article 243E, 243U - Constitutional Mandate to hold local body elections in time inviolable- Neither the State Election Commission nor the State Government or for that matter the State Legislature, including this Court in exercise of powers under Article 142 of the Constitution of India can countenance dispensation to the contrary. (Para 5) Suresh Mahajan v. State of Madhya Pradesh, 2022 LiveLaw (SC) 463 : AIR 2022 SC 2739

Article 243Q - Constitution of Municipalities

Constitution of India, 1950; Article 243-Q(1) Proviso; Entry 52 of List II of the Seventh Schedule - Whether the exclusion of an industrial area or areas from the limits of municipal councils or municipalities under the state laws in exercise of statutory power or by virtue of a declaration under proviso to Article 243-Q, would result in that area ceasing to be a "local area" within Entry 52 of List II ? - Industrial areas or estates are equally "local areas" - The application of state laws regarding industrial areas squarely falls within the expression "description of a body constituted for the purposes of local affairs of the State". (Para 45) OCL India Ltd. v. State of Orissa, 2022 LiveLaw (SC) 911 : AIR 2022 SC 5609

Constitution of India, 1950; Part IX A, Article 243-Q(1) Proviso - The proviso to Article 243-Q(1) has to be read in context, that industrial areas and estates, administered in terms of some legal regime, where some municipal services were provided, could be exempt from the requirements spelt out in Part IX-A of the Constitution - The focus of provisions of Part IX-A of the Constitution inserted through the 74th Amendment was on local self-governance and all provisions concerning it. It had no relevance to the issue of State taxation. (Para 44) OCL India Ltd. v. State of Orissa, 2022 LiveLaw (SC) 911 : AIR 2022 SC 5609

Article 243X - Power to impose taxes by, and Funds of, the Municipalities

Constitution of India, 1950; Articles 243X and 243Y - Whether any proposal for change or modification in the methodology adopted for levy of property tax ought to have been initiated through the Finance Commission alone? If the Legislature itself has taken into account certain prevailing situation, which according to the Legislature is causing some prejudice to the financial health and condition of the municipalities and, therefore, the method of imposition of property tax ought to be changed, it cannot then be said that the matter must necessarily and ought to have emanated from the Finance Commission or that in the absence of such recommendations by the Finance Commission, no steps could have been taken by the Legislature. (Para 25-27) Municipal Corporation of Greater Mumbai v. Property Owners Association, 2022 LiveLaw (SC) 927

Article 246 - Subject-matter of laws made by Parliament and by the Legislatures of States

Constitution of India, 1950; Article 246 - Reserve Bank of India Act, 1934; Chapter III B - Kerala Money Lenders Act, 1958 - The moment the Parliament stepped in to codify the law relating to registration and regulation of NBFCs, by inserting certain provisions in Chapter IIIB of the RBI Act, the same would cast a shadow on the applicability (even assuming it is applicable) of the provisions of the Kerala Act to NBFCs registered under the RBI Act and regulated by RBI - In cases of this nature, Article 246(1) would squarely apply. (Para 8, 8.3) Nedumpilli Finance Company Ltd. v. State of Kerala, 2022 LiveLaw (SC) 464 : (2022) 7 SCC 394

Constitution of India, 1950; Article 246, 254 - Three important tests of inconsistency or repugnancy - (i) whether there is direct conflict between the two provisions; (ii) whether Parliament intended to lay down an exhaustive Code in respect of the subject matter replacing the Act of the State legislature; and (iii) whether the law made by Parliament and the law made by State legislature occupy the same field. (Para 7.9) Nedumpilli Finance Company Ltd. v. State of Kerala, 2022 LiveLaw (SC) 464 : (2022) 7 SCC 394

Article 254 - Inconsistency between laws made by Parliament and laws made by the Legislatures of States

Constitution of India, 1950; Article 254 - Repugnancy under Article 254 would arise only if both the Parliamentary law and the State law are referable to List III. Nedumpilli Finance Company Ltd. v. State of Kerala, 2022 LiveLaw (SC) 464 : (2022) 7 SCC 394

Constitution of India, 1950; Article 254 - Tests of repugnancy - (1) Whether there is direct conflict between the two provisions; (2) Whether Parliament intended to lay down an exhaustive code in respect of the subject-matter replacing the Act of the State Legislature; and (3) Whether the law made by Parliament and the law made by State Legislature occupy the same fieldRepugnancy may arise between two enactments even though obedience to each of them is possible without disobeying the other if a competent legislature with a superior efficacy expressly or impliedly evinces by its legislation an intention to cover the whole field. (Para 32-33) All Kerala Distributors Association v. State of Kerala, 2022 LiveLaw (SC) 639

Constitution of India, 1950; Article 254 - The question of repugnancy arises only if both the Parliament and the State legislature have made law with respect to any one of the matters enumerated in the Concurrent list (List III). (Para 18) Har Naraini Devi v. Union of India, 2022 LiveLaw (SC) 783 : AIR 2022 SC 4632

Article 279A - GST Council

Constitution of India, 1950; Article 279A - GST Council is empowered to make recommendations to the States on any matter relating to GST. (Para 7) Pradeep Goyal v. Union of India, 2022 LiveLaw (SC) 654

Article 298 - Power to carry on trade, etc.

Constitution of India, 1950; Articles 298, 162 - For the purpose of Article 298, the broader concept of State, as defined in Article 12 of the Constitution, which, no doubt, would include a fully owned Government Company, is inapposite and inapplicable - A Company, would not be entitled to exercise the executive power contemplated in Article 162 of the Constitution, which is the power with the Union or the State Governments. (Para 17) MP Power Management Company Ltd. v. Sky Power Southeast Solar India Pvt. Ltd., 2022 LiveLaw (SC) 966

Article 300A - Persons not to be deprived of property save by authority of law

Constitution of India, 1950; Article 300A - Confiscation - By an order of confiscation, a person is deprived of the enjoyment of his property - Therefore, it is necessary for the State to establish that the property was illegally obtained or is part of the proceeds of crime or the deprivation is warranted for public purpose or public interest. (Para 17) Abdul Vahab v. State of Madhya Pradesh, 2022 LiveLaw (SC) 243 : 2022 (4) SCALE 401

Constitution of India, 1950; Article 300A - Forcible dispossession of a person of their private property without following due process of law, was violative of both their human right, and constitutional right under Article 300-A - High threshold of legality that must be met, to dispossess an individual of their property, and even more so when done by the State. (Para 25, 15) Sukh Dutt Ratra v. State of Himachal Pradesh, 2022 LiveLaw (SC) 347 : (2022) 7 SCC 508

Constitution of India, 1950; Article 300A - Requirement of public purpose is a pre-condition and right to claim compensation is also inbuilt in Article 300-A. (Para 21) Kalyani v. Sulthan Bathery Municipality, 2022 LiveLaw (SC) 410 : AIR 2022 SC 2073

Constitution of India, 1950; Article 300A - Though the right in property is not a fundamental right, it is still a constitutional right under Article 300A of the Constitution of India. Thus, a person can be deprived of the rights of the property only in a manner known to law. (Para 30) Jagan Singh & Co. v. Ludhiana Improvement Trust, 2022 LiveLaw (SC) 733

Article 309 - Recruitment and conditions of service of persons serving the Union or a State.

Constitution of India, 1950; Article 309 - Administrative instructions can supplement rules which are framed under the proviso to Article 309 of the Constitution in a manner which does not lead to any inconsistencies. Executive instructions may fill up the gaps in the rules. But supplementing the exercise of the rule making power with the aid of administrative or executive instructions is distinct from taking the aid of administrative instructions contrary to the express provision or the necessary intendment of the rules which have been framed under Article 309. (Para 32) S.K. Nausad Rahman v. Union of India, 2022 LiveLaw (SC) 266 : AIR 2022 SC 1494

Constitution of India, 1950; Article 309 - Where there is a conflict between executive instructions and rules framed under Article 309, the rules must prevail. In the event of a conflict between the rules framed under Article 309 and a law made by the appropriate legislature, the law prevails. Where the rules are skeletal or in a situation when there is a gap in the rules, executive instructions can supplement what is stated in the rule. (Para 28) S.K. Nausad Rahman v. Union of India, 2022 LiveLaw (SC) 266 : AIR 2022 SC 1494

Constitution of India, 1950; Article 309 - which are framed under Article 309 of the Constitution of India which can be said to be subordinate legislation and cannot be said to be an Act or the Law made by the Parliament and / or State Legislature is beyond the scope and ambit of Governor's power under para 5(1) of the Fifth Schedule of the Constitution of India. (Para 20(3)) Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651

Article 311 - Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.

Constitution of India, 1950; Article 311 - Civil Post - Holding a license to run the fair price shop cannot be said to be holding a civil post. Manju Sharma v. State of Uttar Pradesh, 2022 LiveLaw (SC) 311

Constitution of India, 1950; Article 311(2) - Judicial Service - When the Government had, on enquiry, come to the conclusion, rightly or wrongly, that the appellant was unsuitable for the post he held on probation, this was clearly by way of punishment and, hence, the appellant would be entitled to the protection of Article 311(2) of the Constitution. (Para 50) Abhay Jain v. High Court of Judicature for Rajasthan, 2022 LiveLaw (SC) 284 : 2022 (4) SCALE 784

Article 323A - Administrative Tribunals

Constitution of India, 1950; Articles 323A, 323B, 226, 227- Administrative Tribunals Act, 1985; Section 25 - Any decision of Tribunal, including the one passed under Section 25 of the Act could be subjected to scrutiny only before a Division Bench of a High Court within whose jurisdiction the Tribunal concerned falls. (Para 16) Union of India v. Alapan Bandyopadhyay, 2022 LiveLaw (SC) 12 : AIR 2022 SC 499 : (2022) 3 SCC 133

Article 324 - Superintendence, direction and control of elections to be vested in an Election Commission

Constitution of India, 1950; Article 324(1), 243-K and 243-ZA(1) - The Election Commission has wide powers under Article 324(1) to issue directions necessary for conducting free and fair elections, subject to the contours of law. The power of the Election Commission includes the power to issue directions where the law is silent. The State Election Commission has the same powers under Article 243-K and 243-ZA(1) as the Election Commission of India has under Article 324(1). (Para 68) S. Rukmini Madegowda v. State Election Commission, 2022 LiveLaw (SC) 766 : AIR 2022 SC 4347

Article 338B - National Commission for Backward Classes

Constitution of India, 1950; Article 338B - The requirement of consultation with an expert constitutional body is indeed mandatory and it would be fatal to disregard the provision - Article 338- B(9) does not stop the State from enacting a legislation in furtherance of a major policy matter but states that the State Government shall consult the Commission on such matters - The consequence of disregarding a mandatory consultation provision would normally render the legislation void as it is in breach of an obligatory requirement to consult an expert constitutional body. (Para 75-76) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 : AIR 2022 SC 1865

Article 342 - Scheduled Tribes

Constitution of India, 1950; Article 342 - A person entitled to be treated as a member of Scheduled Tribe under Article 342, cannot be treated on par with a person who is brought in by an incompetent Body, viz., the State in the manner done. (Para 8) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Constitution of India, 1950; Article 342 - Scheme - Manner in which the members of the Scheduled Tribe are to be recognised - Power with the President after consultation with the State to specify the Tribes which are to be treated as Scheduled Tribes in that State or the Union Territory as the case may be. Parliament is empowered to include or exclude from the list. (Para 12) Sunil Kumar Rai v. State of Bihar, 2022 LiveLaw (SC) 219 : 2022 (4) SCALE 199

Article 356 - Provisions in case of failure of constitutional machinery in States

Constitution of India, 1950; Article 356 - Breakdown of Constitutional machinery - Law & Order - Gujarat Riots case - Breakdown of law-and-order situation if for short duration,cannot partake the colour of breakdown of rule of law or constitutional crisis. To put it differently, misgovernance or failure to maintain law-and-order during a brief period may not be a case of failure of constitutional machinery in the context of tenets embodied in Article 356 of the Constitution-There must be credible evidence regarding State sponsored breakdown of law-and-order situation; not spontaneous or isolated instances or events of failure of State administration to control the situation. (Para 45) Zakia Ahsan Jafri v. State of Gujarat, 2022 LiveLaw (SC) 558 : 2022 (9) SCALE 385

Article 366 - Definitions

Constitution of India, 1950; Article 366 (29A) (d) - Transfer of right to use goods "deemed sale" - principles explained. (Para 52) Commissioner of Service Tax New Delhi v. Quick Heal Technologies Ltd, 2022 LiveLaw (SC) 660 : AIR 2022 SC 3660

5^th Schedule

Constitution of India, 1950 - Fifth Schedule - The power of the Governor is pari passu with the legislative power of Parliament and the State. The legislative power can be exercised by the Parliament or the State subject to the provisions of Part III of the Constitution. Thereafter, it is ultimately observed and held that the power of the Governor does not supersede the fundamental rights guaranteed under Part III of the Constitution. It has to be exercised subject to Part III and other provisions of the Constitution. (Para 18.4) Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651

7^th Schedule

Constitution of India, 1950; Entry 13 of List III of Seventh Schedule - The subject of arbitration is in the Concurrent List, the State can also make a law with regard to the same. The only requirement is that to validate such a law, it is necessary to reserve the same for consideration of the President of India and obtain his assent. When such an assent is obtained, the provisions of the State Law or Act so enacted would prevail in the State concerned, notwithstanding its repugnancy with an earlier Parliamentary enactment made on the subject. (Para 62, 127(i)) Secretary of Govt. of Kerala Irrigation Department v. James Varghese, 2022 LiveLaw (SC) 447 : (2022) 9 SCC 593

Constitution of India, 1950; Entry 34,62 List II & Entry 40 of List I of Seventh Schedule - ‘Lotteries’ is a species of gambling activity and hence within the ambit of ‘betting and gambling’ as appearing in Entry 34 List II - It is only lotteries organised by the Government of India or the Government of State in terms of Entry 40 of List I which are excluded from Entry 34 of List II - If lotteries are conducted by private parties or by instrumentalities or agencies authorized, by Government of India or the Government of State, it would come within the scope and ambit of Entry 34 of List II - The State Legislatures have the power to tax lotteries under Entry 62 of List II. (Para 124) State of Karnataka v. State of Meghalaya, 2022 LiveLaw (SC) 309 : 2022 (5) SCALE 262

10th Schedule

Constitution of India, 1950 - 10th Schedule - the Speaker was not within his jurisdiction to issue directions other than those pertaining to disqualification. Gyanendra Kumar Singh v. Bihar Legislative Assembly Patna, 2022 LiveLaw (SC) 808

Constitution of India, 1950; 10th Schedule - Anti Defection Law - Post- Poll alliance subject to certain conditions is permissible. Chandan Kumar v. Union of India, 2022 LiveLaw (SC) 947

Constitution of India - 10th Schedule - Anti-defection law - Supreme Court refers to Constitution Bench questions relating to Speaker's powers for disqualification proceedings- Questions referred in dispute between Uddhav Thackeray and Eknath Shinde over rift within Shiv Sena party - Prima facie doubts the law laid down in Nabam Rebia & Bamang Felix versus Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016) 8 SCC 1. Subhash Desai v. Principal Secretary, Governor of Maharashtra, 2022 LiveLaw (SC) 697

Part IXA

Constitution of India, 1950; Part IXA - Rajasthan Municipalities Act, 2009; Section 5, 329 - The scheme of Part IXA does not contemplate a separate notification under Article 243Q of the Constitution and thereafter under Section 5 of the Municipalities Act. As Section 5 of the Municipalities Act is not inconsistent with any provisions of Article 243Q of the Constitution, therefore, two notifications are not contemplated or warranted under the Scheme of Part IXA or the Municipalities Act - The State Government is competent to divide the Municipalities in the State into classes according to their income or other factors like population or importance of the local area and other circumstances as provided under Section 329 of the Municipalities Act. (Para 16-17) State of Rajasthan v. Ashok Khetoliya, 2022 LiveLaw (SC) 263

Constitution of India, 1950; Part IXA - Rajasthan Municipalities Act, 2009; Section 5, 329 - Appeal against Rajasthan High Court set aside a notification declaring Gram Panchayat Roopbas, District Bharatpur as Municipal Board on the ground that no public notification as contemplated under Article 243Q(2) of the Constitution of India has been produced specifying Gram Panchayat Roopbas as a "transitional area" and thus, it cannot be declared as a Municipal Board - Allowed - State Government had exercised powers to establish Municipality in terms of Section 5 of the Municipalities Act. State of Rajasthan v. Ashok Khetoliya, 2022 LiveLaw (SC) 263

74^th Amendment

Constitution (Seventy-Fourth Amendment) Act, 1992 - The scheme of the Constitutional Amendment is not to take away legislative competence of the State Legislatures to legislate on the subject of local Government but it is more to ensure that the three tiers of governance are strengthened as part of democratic set up. (Para 8) State of Rajasthan v. Ashok Khetoliya, 2022 LiveLaw (SC) 263

102^nd Amendment

Constitution (102^nd Amendment) Act, 2018 - What the 102nd Amendment prohibits the State from undertaking is identifying a caste as SEBC or including or excluding a community from the list notified by the President - Determining the extent of reservation for a community amongst the list of Most Backward Classes does not amount to identification. (Para 31) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 : AIR 2022 SC 1865

103^rd Amendment

Constitution (103rd Amendment) Act, 2019 - The 103rd Constitution Amendment cannot be said to breach the basic structure of the Constitution by (1) permitting the State to make special provisions, including reservation, based on economic criteria (2) permitting the State to make special provisions in relation to admission to private unaided institutions (3) in excluding the SEBCs/OBCs/SCs/STs from the scope of EWS reservation. (Para 104) Janhit Abhiyan v. Union of India, 2022 LiveLaw (SC) 922

105^th Amendment

Constitution (105th Amendment) Act, 2021 - The 105th Amendment Act cannot be said to be a validating amendment- Prospective in operation - Identifying certain communities which are to be deemed as SEBCs for the purposes of the Central Government and the States, respectively, cannot be said to be a matter of procedure. The procedural aspect of the 102nd Amendment Act and the 105th Amendment Act is only the manner of publication of the lists of SEBCs, whereas the substantive element of the said amendments is identifying and recognising certain communities as SEBCs. (Para 29) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 : AIR 2022 SC 1865

Supreme Court Annual Digest 2022- Constitution of India

LIVELAW NEWS NETWORK

5th Schedule

Tags

5^th Schedule