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In Article 370 Verdict, Supreme Court Left Unanswered An Important Issue Of Federalism : Ex-SC Judge Justice Ravindra Bhat
On Saturday, retired Supreme Court judge Justice S Ravindra Bhat remarked that the Supreme Court's decision to uphold the abrogation of Article 370 of the Constitution did not address the crucial matter of federalism."The Court spoke through unison through three judgments. It left unanswered an important issue on federalism," Justice Bhat said about the judgment delivered by the Supreme...
Kerala High Court Partially Stays Centre's Ban On 'Ferocious & Dangerous' Dog Breeds
The Kerala High Court on Wednesday partially stayed the operation of a circular dated March 12, 2024, issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying Department, whereby import, trading and selling of around 23 breeds of dogs which were identified as ferocious have been prohibited.The Court passed the above order while considering a writ petition filed by certain...
Governors Must Discharge Their Duties In Accordance With Constitution : Justice BV Nagarathna
Expressing concerns over the recent trend of State Governors facing litigation at the instance of State Governments over their refusal to give assent to bills, Supreme Court judge Justice BV Nagarathna stated that the Governors must act in accordance with the Constitution.Speaking at the "Courts and The Constitution Conference" organised by NALSAR University, Hyderabad, Justice Nagarathna...
SLP Moved In Supreme Court Challenging Allahabad HC's Verdict Declaring 'UP Madarsa Act' As Unconstitutional
A Special Leave Petition (SLP) has been moved in the Supreme Court challenging the Allahabad High Court's March 22 verdict declaring the 'UP Board of Madarsa Education Act 2004' as UNCONSTITUTIONAL. The petition, moved by Anjum Kadari and others, states that the High Court committed a grave error while passing a judicious order and it did not consider positive assistance of the Bar and passed...
A Politician Judge – Judiciary's Bane And Nobody's Gain
A judge may deal with politics, for the very Constitution is a political document. Sacrosanct as it is, it does engender many a political battle to be fought in a constitutional court's arena. But that judge dealing in politics! It had never been in the constitution makers' contemplation, perhaps. That happening—and, indeed, happening too frequently to anyone's comfort—imperils...
Supreme Court Directs Survey Of Karnataka Mines For Which Rehabilitation & Reclamation Plans Not In Place
In a public interest litigation (PIL) relating to iron ore mining in Karnataka, the Supreme Court recently directed Karnataka's Principal Chief Conservator of Forests to carry out a detailed scrutiny and survey of Category A/B/C mines (in Bellary, Chitradurga and Tumkur) in respect of which data and/or R&R (rehabilitation and reclamation) plans have not been submitted/approved.The Bench...
Another PIL Filed In Delhi High Court Seeking Removal Of Arvind Kejriwal From Post Of Chief Minister
A fresh public interest litigation (PIL) has been filed in the Delhi High Court seeking removal of Arvind Kejriwal, who has been arrested by the Enforcement Directorate (ED) in the liquor policy case, from the post of Chief Minister of Delhi.The plea has been moved by Vishnu Gupta, who is a social worker and National President of Hindu Sena. Yesterday, a division bench headed by Acting...
Constitutional Courts Cannot Sit With Folded Hands When Executive Fails to Perform Its Duties : Justice BR Gavai
In his recent lecture at Harvard Kenedy School, Justice Gavai spoke extensively on the theme “How Judicial Review Shapes Policy”. Justice Gavai, through his insights highlighted the Indian Judiciary's continuous efforts in upholding the ideals of constitutionalism when the executive branch of the government falls back in fulfilling its duties. "The judiciary in India has...
Constitutional Mandate For Schedule Caste Representation Helped My Elevation To Supreme Court: Justice BR Gavai
Supreme Court Judge, Justice BR Gavai in a recent cross-cultural discussion hosted by the New York City Bar Association, expressed how the prominence of affirmative action in the Indian legal framework contributed to his elevation to the Supreme Court of India. Justice Gavai explained the impact of diversity, equity and inclusion in the Indian diaspora, and illustrated how his elevation...
Enforcement Of Foreign Award Must Be Refused Only Rarely, International Standards To Be Applied To Determine Bias : Supreme Court
In a crucial judgment, while allowing the enforcement of a foreign arbitral award, the Supreme Court (on March 04), held that to determine the factor of arbitral bias, Court must endeavour to follow international standards than domestic ones. It is only in exceptional circumstances that enforcement of a foreign should be refused on the ground of bias., the Court said."Embracing...
Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. But this criteria, while dealing with the question...