On Constitution Day, Justice Bobde Remembers 15 Female Members Of Constituent Assembly, Says They’re Not Given Enough Credit

Supreme Court judge, Justice SA Bobde on Monday gave due recognition and appreciation to the women members of the Constituent Assembly, asserting that these women “are usually not given enough credit for their participation”.Justice Bobde, who would be succeeding the CJI, was speaking at the occasion of Constitution Day, when he named the fifteen women: (i) Ammu Swaminathan; (ii)...

"Bihar Police Not Doing It's Job As Expected", SC Likely To Transfer Investigation Of Muzaffarpur Shelter Home Cases To CBI

Perusing a chart on the allegations leveled by residents of 17 children homes in Bihar and how they were dealt with by the local police, the Supreme Court bench headed by Justice Madan B. Lokur on Tuesday expressed that they would like the CBI to take over the investigation, requiring the CBI's Counsel to seek instructions from the agency.“The police is not doing its job as...

Convict Is Young And Not Beyond Reform: Read SC’s Reasons To Commute Death Penalty In A Kidnap-Cum-Murder Case [Read Judgment]

 “Though it is indeed a deeply condemnable act to destroy one’s own family for short-term pecuniary gain, it is a dangerous presumption that a perpetrator of such an act is incapable of reform and rehabilitation just by virtue of having committed the crime, and indeed flies in the face of the concept of reform to begin with.”The Supreme Court has passed a reasoned order for commuting...

Derivative Suit Filed by Shareholders Maintainable Only If the Company Is Amenable to Court’s Jurisdiction: SC [Read Judgment]

‘When the dispute is between the shareholder and the company with respect to the shares held in another, the mere existence of registered office of the subsequent company is not a factor to clothe jurisdiction.’The Supreme Court has held that while considering the territorial jurisdiction over a derivative suit initiated to protect the beneficial interest of a company, the issue qua...

Constitution Day Celebration Was Organized By Supreme Court,Not By The Govt : CJI Clarifies To SCBA President Who Praised Govt. For The Initiative

The day-long celebration of the Constitution Day at the Vigyan Bhawan in New Delhi was the exclusive initiative of the apex court, with the government having no role to play in its organisation, clarified Chief Justice Ranjan Gogoi on Monday evening.The Chief Justice was speaking at a subsequent function hosted on the Supreme Court lawns by the Supreme Court Bar Association to commemorate...

Endurance Of The Indian Constitution: Text Of Justice AK.Sikri's Speech On 69th Constitution Day

India is described as a young democracy whose Constitution is only 68 years old.  In contrast, there is also a view that 68 years in the life of the Constitution is too a long journey.  Why I say so?Thomas Jefferson in one of his letters to James Madison dated September 6, 1789, stated that constitutions should have a sunset clause providing for its expiration after 19 years and that, “if...

Prosecute Officers For Not Acting On Air Pollution Complaints: SC To Pollution Control Board

The Supreme Court Monday asked the Central Pollution Control Board (CPCB) to initiate prosecution against government officials who have not acted on 249 complaints received on its official social media and e-mail accounts with regard to pollution in Delhi.A bench of Justices Madan B Lokur and Deepak Gupta said that officials who have failed to act on the complaints were required to...

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]

“While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition.”The Supreme Court has observed that even after disclosure is made...

SC Refuses To Hear Fresh Challenge To Article 370

The Supreme Court on Monday refused to entertain a fresh petition challenging Article 370 of the Constitution of India which grants autonomous status to the state of Jammu and Kashmir.A bench of Chief Justice Ranjan Gogoi and Justice Ajay Rastogi said the issue was already pending before the court and asked the petitioners—Vijay Mishra and Sandip Lamba—to instead move an application...

Constitutional Morality Should Not Be Differed From Judge To Judge: Law Minister RS Prasad

Law Minister Ravi Shankar Prasad pressed for judicially-manageable standards of constitutional morality- “when We talk of constitutional morality as a touchstone for governmental action, its nuances need to be outlined with greater clarity; it should not differ from judge to judge but there must be a consensus....in context of Articles 14 and 21, we interpret the constitutional silences...

Prior Sanction For Probing Public Servants: SC Issues Notice On CPIL’s Plea Challenging Amendments To Prevention Of Corruption Act [Read Petition]

The Supreme Court on Monday issued notice on a petition filed by the Centre for Public Interest Litigation (CPIL), challenging two amendments to the Prevention of Corruption Act, which they allege dilute the law.The notice, returnable in six weeks’ time, was issued by a bench led by Chief Justice of India Ranjan Gogoi. CPIL was represented by Advocate Prashant Bhushan.The petition...

Section 313 CrPC: Accused’s Silence About Matters He Is Expected To Explain Leads To An Adverse Inference Against Him: SC [Read Order]

“The duty is on the State to show that there is no possibility of reform or rehabilitation of the accused. When the offence is not gruesome, not cold-blooded murder, nor is committed in a diabolical manner, the court will impose life imprisonment.”The Supreme Court has held that silence on the part of the accused as to questions put to him by the court under Section 313 of the Code...