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...

Supreme Court Refuses To Entertain PIL Seeking To Curb Deceitful Religious Conversions; Gives Liberty To Petitioner To Implead In Pending Matter

The Supreme Court today dismissed as withdrawn the plea seeking the creation of a special task force to keep a check on deceitful religious conversions.While doing so, a Bench of Justices MR Shah and CT Ravikumar allowed the petitioner to file an impleadment application in the pending matter before the Bench against forced religious conversions.“Why should we hear you now?..... You file...

Demonetisation Not Invalid Merely Because Some Citizens Suffered Through Hardships : Supreme Court

The Supreme Court (4:1) observed that the demonetisation cannot be held invalid merely because some citizens have suffered through hardships or that the decision was taken in a hasty manner."The contention that the impugned notification is liable to be set aside on the ground that it caused hardship to individual/citizens will hold no water. The individual interests must yield to the...