Constitutional Law

Karnataka High Court Quashes Governor's Order Suspending KPSC Chairman, Cites Lack Of Council Of Ministers' Aid And Advice
The Karnataka High Court has on August 18[ Tuesday] quashed the suspension of the Karnataka Public Service Commission (KPSC) Chairman Shivasankarappa Sahukar, holding that the order was passed without the constitutionally mandated 'aid and advice' of the Council of Ministers under Articles 163 and 166. [2026 LiveLaw (Kar) 306]The single judge bench of Justice Suraj Govindaraj partly allowed...

Teacher's Writ Petition Against Private School Maintainable To Enforce Statutory Pay Scale : Supreme Court
When the rights flow from a statute, a writ petition is maintainable to enforce them if the duty has a public element, the Court stated.

Mohanlal-Starrer 'Athimanoharam' Can't Be Shot Inside Periyar Tiger Reserve, Kerala High Court Told
The Kerala High Court on Monday (August 17) disposed of a plea preferred by the makers of the Mohanlal-starrer Malayalam film 'Athimanoharam' seeking a direction to the Forest Department officials to consider their request to permit film shooting in Pamba and Sannidhanam. [2026 LiveLaw (Ker) 449]The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar yesterday took note...

Speedy Trial Also A Right Of Victim; Accused Cannot Use Pending Gangsters Act Case To Stall Other Trials : Supreme Court
Observing that a right to a speedy trial is not only the prerogative of the accused, but is also a valuable right of the victim, the Supreme Court on Monday (August 17) set aside the Allahabad High Court's order which had kept a murder trial against an accused in abeyance merely because a proceeding under the UP Gangsters Act was pending against him. Allowing the complainant's appeal, a...

'Backdoor Appointments': Tripura High Court Restrains Tribal Areas Autonomous District Council From Paying Salaries To Regularised Employees
The Tripura High Court recently restrained the Tripura Tribal Areas Autonomous District Council, till further orders, from paying salaries to the to the part-time workers, casual workers and paid vouchers who have been regularised in absence of existence of sanctioned posts with approved scale of pay and allowances. The Tripura Tribal Areas Autonomous District Council (TTAADC) is...

Article 161 | Governor's Power To Grant Premature Release Cannot Be Exercised Arbitrarily: Allahabad High Court
The Allahabad High Court has observed that the power of the Governor to grant premature release under Article 161 of the Constitution of India is a sovereign executive power, but it cannot be exercised arbitrarily, as it remains regulated by the applicable Rules and remission policy.A Bench of Justice JJ Munir and Justice Tarun Saxena made this observation while quashing an order...

State Can't Implement Central Scheme Selectively By Ignoring Pay Parity Clause: Allahabad High Court
The Allahabad High Court has held that a State which adopts a Centrally Sponsored Scheme, takes financial assistance under it and recruits employees solely to implement it cannot enforce only those parts of the Scheme which are administratively convenient while ignoring those which confer corresponding benefits on the employees so recruited.Clause 12.3 of the Integrated Education for...

26th Constitutional Amendment Abolishing Privy Purses Doesn't Alter Succession Law For Former Rulers' Estates: Karnataka High Court
The Karnataka High Court has upheld the vires, applicability of Section 5(ii) Hindu Succession Act–which exempts Act's applicability on estates passing to a single heir under a covenant between an erstwhile Ruler and the Indian Government or under a law enacted before the Act came into force–on personal properties, impartible estate of former rulers. [2026 LiveLaw (Kar) 294] The Court...

'Right To Electricity Part Of Article 21': AP High Court Quashes Permanent Rejection Of Mill's Application For Power Connection
Holding that the right to electricity is an integral and inextricable part of Article 21 of the Constitution, the Andhra Pradesh High Court set aside the permanent rejection of a flour mill owner's application for a new electricity connection and directed the distribution licensee to process it as per the Electricity Act provisions. [2026 LiveLaw (AP) 184]The Court held that even if...

Principles Of Judicial Review In Exam Evaluation Disputes : Supreme Court Explains
The Supreme Court has reiterated that a power of judicial review cannot be exercised to interfere with the decision of experts in an academic field. A bench of Justice Dipankar Datta and Justice Sheel Nagu set aside the Allahabad High Court's order, which had interfered with the academic experts' decision in examination matters. The High Court issued directions to the Uttar Pradesh...

Denial Of Maintenance Forcing Wife Into Destitution Violates Her Right To Live With Dignity Under Article 21: Allahabad High Court
The Allahabad High Court last week observed that denial of maintenance, forcing the wife into destitution, violates the constitutional guarantee under Article 21, which includes the right to live with dignity.The Court added that the maintenance ensures that the wife is not compelled to lead a life of destitution for such deprivation would offend the dignity guaranteed under Article 21. A...

Allahabad High Court Orders ₹25 Lakh Compensation For 2 Sisters Illegally Confined By Father After Conversion To Islam
The Allahabad High Court last week ordered the father of two adult sisters and the Uttar Pradesh Government to jointly pay ₹25 lakh compensation after holding that the women were illegally confined at their parental home following their decision to convert from Hinduism to Islam.A bench of Justice Sandeep Jain passed the order while allowing a habeas corpus petition concerning Diya Bhatia...
