Constitutional Law

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...

Permanent Debarment Of Auditor From Future Empanelment Not Permissible Under Maharashtra Co-Operative Societies Act: High Court
The Bombay High Court has held that neither the Maharashtra Co-operative Societies Act, 1960 nor the Maharashtra Co-operative Societies Rules, 1961 contemplate permanently debarring an auditor from future empanelment merely because his name was removed from an earlier panel. The Court further held that a clause in the Commissioner's Circular imposing such a permanent disqualification...

Unexplained Delay In Deciding Detenu's Plea For Release Renders Continued Detention Illegal: AP High Court
The Andhra Pradesh High Court set aside a preventive detention order after holding that the continued detention of the detenu became illegal due to the State Government's unexplained delay in deciding his representation for release. [2026 LiveLaw (AP) 181]In doing so the court said that any unreasonable and unexplained delay in considering a representation violates the constitutional...

Keeping Person In Police Custody Under Guise Of 'Voluntary Cooperation' Violates Article 22: Chhattisgarh High Court
The Chhattisgarh High Court has held that investigating agencies cannot keep a person in their custody under the guise of "voluntary cooperation" to circumvent the constitutional safeguards against arrest, observing that such a course would violate Article 22 of the Constitution. The Court ruled that a mere endorsement on a notice stating that a person is voluntarily accompanying the...
