Supreme Court Quarterly Digest on Constitution of India [July - September, 2022]

Constitution of India, 1950 - Governor's Powers -Schedule 5 cannot be read as conferring upon the Governor absolute power and/or unfettered power, notwithstanding the provisions contained in Part III of the Constitution. Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651 Constitution of India, 1950 - Supreme Court upholds Haryana Sikh Gurudwara (Management) Act, 2014 - Holds that Haryana State legislature has competence to enact the said Act - The Act does not violate the rights of Sikhs under Articles 25 and 26 of the Constitution - Since the affairs of the Sikh minority in the State are to be managed by the Sikhs alone, therefore, it cannot be said to be violative of any of the fundamental rights conferred under Articles 25 and 26 of the Constitution. Harbhajan Singh v. State of Haryana, 2022 LiveLaw (SC) 782 Constitution of India, 1950 - Under the Xth Schedule of the Constitution, the Speaker of a Legislative Assembly does not have power to deny pension and other benefits available to a former MLA while deciding a disqualification plea against him. Gyanendra Kumar Singh v. Bihar Legislative Assembly Patna, 2022 LiveLaw (SC) 808 Constitution of India - Writ of Habeas Corpus in Cases of Child's Custody - in a petition seeking a writ of Habeas Corpus in a matter relating to a claim for custody of a child, the principal issue which should be taken into consideration is as to whether from the facts of the case, it can be stated that the custody of the child is illegal - whether the welfare of the child requires that his present custody should be changed and the child be handed over to the care and custody of any other person - whenever a question arises before a court pertaining to the custody of the minor child, the matter is to be decided not on consideration of the legal rights of the parties but on the sole and predominant criterion of what would best serve the interest and welfare of the child - welfare is an all-encompassing word - It includes material welfare - while material considerations have their place they are secondary matters - more important are the stability and the security, the loving and understanding care and guidance, the warm and compassionate relationships that are essential for the full development of the child's own character, personality and talents - the employment of the writ of Habeas Corpus in child custody cases is not pursuant to, but independent of any statute - the jurisdiction exercised by the court rests in such cases on its inherent equitable powers and exerts the force of the State, as parens patriae, for the protection of its minor ward, and the very nature and scope of the inquiry and the result sought to be accomplished call for the exercise of the jurisdiction of a court of equity - The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced. [Para 75, 80, 81, 86, 88, 89] Rajeswari Chandrasekar Ganesh v. State of Tamil Nadu, 2022 LiveLaw (SC) 605 Constitution of India, 1950 - Fifth Schedule - The power of the Governor is pari passu with the legislative power of Parliament and the State. The legislative power can be exercised by the Parliament or the State subject to the provisions of Part III of the Constitution. Thereafter, it is ultimately observed and held that the power of the Governor does not supersede the fundamental rights guaranteed under Part III of the Constitution. It has to be exercised subject to Part III and other provisions of the Constitution. (Para 18.4) Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651 Constitution of India - 10th Schedule - Anti-defection law - Supreme Court refers to Constitution Bench questions relating to Speaker's powers for disqualification proceedings- Questions referred in dispute between Uddhav Thackeray and Eknath Shinde over rift within Shiv Sena party - Prima facie doubts the law laid down in Nabam Rebia & Bamang Felix versus Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016) 8 SCC 1. Subhash Desai v. Principal Secretary, Governor of Maharashtra, 2022 LiveLaw (SC) 697 Constitution of India, 1950 - 10th Schedule - the Speaker was not within his jurisdiction to issue directions other than those pertaining to disqualification. Gyanendra Kumar Singh v. Bihar Legislative Assembly Patna, 2022 LiveLaw (SC) 808 Constitution of India, 1950; Articles 2, 3, 13, 19(1)(e) - Andhra Pradesh State Reorganisation Act, 2014 - There is only one domicile i.e. domicile of the country and there is no separate domicile for a State -The Reorganization Act or any guidelines framed thereunder cannot take away from citizens, the right to reside and settle in any part of the country - When a State is divided and the employees and officers of the State Government have to be allotted to the two states, such allocation has to be ...

Supreme Court Quarterly Digest on Constitution of India [July - September, 2022]

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