"All Conversions Can't Be Said To Be Illegal' : Supreme Court Refuses To Stay MP HC Order Against Declaration Before DM To Change Religion

The Supreme Court on Tuesday issued notice on the special leave petition filed by the State of Madhya Pradesh against the High Court restraining the government from taking coercive action against any person who contravenes Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021 which requires a person desiring to convert religion to give a declaration in this regard to the...

Supreme Court To Hear Petitions Seeking Recognition Of Same-Sex Marriage On 6th January

The Supreme Court on Tuesday stated that it would list the two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage in India on 6th January. The transfer petitions were mentioned by Senior Advocate Menaka Guruswamy and Advocate Karuna Nundy before a bench comprising Chief Justice...

Hate Speech Strikes At Foundational Values Of Constitution; Political Parties Must Control Speeches Of Members: Justice BV Nagarathna

Hate speech strikes at the preambular goals of liberty, equality, and fraternity that are the foundational values embedded in our Constitution, said Justice B.V. Nagarathna, while delivering a dissenting judgement proposing to hold the government vicariously liable for a statement made by a minister that is traceable to any affairs of the state or for the protection of the government...

Additional Restrictions Not Found In Article 19(2) Cannot Be Imposed On Right To Free Speech : Supreme Court

The Supreme Court Constitution Bench comprising Justices S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna has held that additional restrictions, not found in Article 19(2), cannot be imposed on the exercise of right to free speech under Article 19(1)(a) of Ministers, MPs and MLAs. It held that the grounds mentioned in Article 19(2) for restricting free speech...

"Burden To Prove Mental Incapacity Is On The Defence" : Supreme Court Upholds Conviction Of Man Accused Of Killing His Two Sons

Rejecting his plea of mental incapacity, the Supreme Court upheld the conviction of a man accused of killing his two sons."Where the accused is charged of murder, the burden to prove that as a result of unsoundness of mind, the accused was incapable of knowing the consequences of his acts is on the defence", the bench of Justices Dinesh Maheshwari and Sudhanshu Dhulia observed while dismissing...

Supreme Court Annual Digest 2022- ADMINISTRATIVE LAW

Administrative Law Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...

Live-Streaming Through YouTube A Temporary Arrangement, Says Supreme Court

The Supreme Court on Monday said that the live-streaming of court proceedings through third-party applications like YouTube was a "temporary arrangement" until a viable mechanism for hosting the videos in an independent platform is adopted.A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha was hearing a plea seeking directions to preserve the copyright of the Court over...

Best Of 2022- 15 Important Supreme Court Judgments on Administrative Law with Parallel Citations

Accountability - Three essential constituent dimensions. (i) responsibility, (ii) answerability and (iii) enforceability. Vijay Rajmohan v. State, 2022 LiveLaw (SC) 832 : AIR 2022 SC 4974Administrative / executive order / circular cannot be given retrospective effect in the absence of any legislative competence. Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...

RBI Has No Independent Power To Accept Demonetised Notes Beyond Period Specified In Centre's Notification : Supreme Court

A 5-judge Constitution Bench of the Supreme Court held by 4:1 majority that the Reserve Bank of India does not possess independent power to accept the demonetized notes beyond the period specified under notifications issued by the Central Government under Specified Bank Notes (Cessation of Liabilities) Act, 2017.The majority comprising Justices S Abdul Nazeer, BR Gavai, AS Bopanna and...

CJP Urges Supreme Court To Stay Provisions Of Anti-Conversion Laws Mandating State Sanction To Change Religion

The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha on Monday adjourned the batch of petitions challenging religious conversion laws in various states. Senior Advocate CU Singh appearing for Citizen for Peace and Justice (CJP) submitted that the petitioners were seeking interim relief with respect to the Acts in Uttarakhand and Himachal Pradesh. The...

Demonetisation Not Illegal Merely Because Proposal Originated From Central Govt; No Breach Of Sec 26(2) RBI Act : Supreme Court

The Supreme Court (4:1) in its judgment upholding validity of demonetisation, observed that the word “recommendation” in Section 26(2) of RBI Act would mean a consultative process between the Central Board of Reserve Bank of India and the Central Government."Merely because the Central Government has advised the Central Board to consider recommending demonetization and that the Central...

Attorney General Questions Maintainability Of Meghalaya's Suit Challenging Lotteries Regulation Act Provision

Attorney General For India R Venkataramani on Monday informed the Supreme Court that the Centre had preliminary objections on the maintainability of the suit challenging section 5 of the Lotteries (Regulation) Act 1998.States of Meghalaya and Sikkim had approached the Supreme Court against the decision to ban their state lotteries in other states.The context of the suit is that as per Section...