Can A Person Who Lost Election Be Appointed As Chief Minister?

All India Trinamool Congress won the election to the legislature of West Bengal, while its leader Mamata Banerjee lost in Nandigram, where she contested. She is reportedly going to swear in as the Chief Minister of the state.Is there any legal or constitutional bar in a person who lost election becoming Chief Minister? This column attempts to discuss the law and precedents in this...

Sharing Information Widely An Important Tool To Combat COVID : Supreme Court On SOS Calls In Social Media

The Supreme Court has sent a strong message that persons who are putting out public appeals for help in social media during the COVID-19 crisis cannot be targeted through arrests or coercive actions by saying that such messages are false or are tarnishing the national image."We do not hesitate in saying that such targeting shall not be condoned, and the Central Government and...

Breaking: "Encroachment Of State Legislature Upon The Domain Of Parliament": Supreme Court Strikes Down West Bengal Housing Industry Regulation Act

The Supreme Court on Tuesday struck down the West Bengal Housing Industry Regulation Act, 2017( WBHIRA), holding it to be unconstitutional in view of the 2017 Real Estate (Regulation and Development) Act (RERA) which is the central legislation on the identical subject-matter.However, with a view to prevent any chaos in the real estate industry in the state, the Court in exercise of its...

Schools Have Saved Operational Costs During Lockdown; Can't Charge Students For Unused Facilities : Supreme Court

Schools demanding fees for facilities and activities not availed by students during lockdown amounts to 'profiteering' and 'commercialization', the SC held.

Whether Centre's COVID Vaccine Procurement Prices Account For Aid Given To SII, Bharat Biotech? Supreme Court Asks

The Supreme Court has sought from the Central Government the details of public funding and aid given to COVID vaccine manufacturers Bharat Biotech and Serum Institute of India.The Court has also asked whether the current vaccine procurement prices for the Central Government account for the aid provided to the companies. If the vaccine prices account for such grant, on what basis the same...

'You Can't Tell Us Supreme Court Has Passed An Order, SC Alone Will Deal With It' : Delhi High Court Tells Centre's Counsel On Oxygen Issue

The Delhi High Court on Monday refused to accept an argument made by the Centre that the High Court cannot deal with the issue of shortage of medical oxygen as Supreme Court has taken congiznace of the same."You can't tell us Supreme Court has passed an order and Supreme Court alone will deal with it. We all have to implement, and we are all duty bound", a bench led by Justice Vipin Sanghi...

Supreme Court Upholds Constitutional Validity of the Rajasthan Schools (Regulation of Fee) Act; Reads Down Sections 4, 7 and 10

The Supreme Court upheld the constitutional validity of the Rajasthan Schools (Regulation of Fee) Act, 2016.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari however read down Sections 4, 7 and 10 of the Act."The dispensation envisaged under Section 6 of the impugned Act of 2016 is not intended to undermine the autonomy of the school Management in the matter of determination of ...

NDMA May Consider Laying Down Minimum Standards Of Relief To COVID Victims Under Disaster Management Act : Supreme Court

The Supreme Court has suggested that the National Disaster Management Authority consider laying down minimum standards of the relief which is to be provided to victims of COVID19 pandemic.A bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat made this observation in the order passed in the suo moto case In Re Distribution of Essential Supplies and Services...

'People Should Not Lose Lives' : Delhi High Court Asks Centre To Inform Status Of Oxygen Concentrators Awaiting Customs Clearance

The Delhi High Court on Monday asked the Centre to inform the status of imported oxygen concentrators that are pending customs clearance. A division Bench of Justices Vipin Sanghi and Rekha Palli asked the Centre's Counsel about the status of these concentrators as of 12pm on Monday. The Court was hearing the matter concerning Covid 19 situation and supply of medical oxygen in...

Authorities Under Disaster Management Act Have No Power To Alter Fee Structure Of Private Schools: Supreme Court

The Supreme Court held that the Statutory Authorities under the Disaster Management Act of 2005 have no power to deal with the subject of school fee structure of private unaided schools.The Act is not a panacea for all difficulties much less not concerning disaster management as such, the bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed.The court observed thus while...

Supreme Court Directs Rajasthan Private Schools To Give 15% Deduction In Annual School Fees; No Student To Be Debarred For Non-Payment Of Fees

The Supreme Court has permitted the private unaided schools in Rajasthan to collect annual school fees from their students as fixed under the Rajasthan Schools (Regulation of Fee) Act 2016, for the academic year 2019-­20.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari, however, directed the schools to provide deduction of 15 per cent on that amount in lieu of...

Media Watchdog Of Sanctity Of Judicial Process; Reporting Of Hearing Builds Public Confidence : Supreme Court [Full Court Room Exchange In ECI Case]

The Supreme Court on Monday heard Election Commission of India's plea against the oral remarks made by Madras High Court that the ECI was "singularly responsible for COVID second wave" and that its officers "should probably be booked for murder".During the hearing, the Court said that it cannot stop media from reporting oral observations made by judges as discussions in a court hearing are...