Basic Structure Doctrine A North Star Which Guides Interpretation Of Constitution : CJI DY Chandrachud

Chief Justice of India Dr DY Chandrachud has called the ‘basic structure doctrine’ a north star “which guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.” The basic structure doctrine had evolved in the celebrated 13-Judge Constitution Bench judgement of the Supreme Court almost five decades back....

By Asking Centre To Give Seniority To Reiterated Name Over New Proposals, SC Collegium Sets A New Precedent

The recent resolutions published by the Supreme Court Collegium have been making headlines as these are unprecedented instances of the Collegium publicising both the objections raised by the Central Government and its responses to them. The Collegium showed laudable temerity in calling out certain frivolous and unacceptable grounds of objection- such as sexual orientation of a candidate,...

'No Prima Facie Case Of Conspiracy Or Involvement Of Foreign Powers In Nambi Narayanan's Arrest': Kerala HC In ISRO Espionage Case

The Kerala High Court on Friday, while allowing the anticipatory bail applications of former Police and Intelligence Bureau officers-including former Gujarat ADGP RB Sreekumar and former Kerala DGP Siby Mathews- in the case relating to the alleged framing of former ISRO scientist Nambi Narayanan in the 1994 ISRO Espionage case, observed that prosecution has failed to prima facie establish...

Judicial Officers' Pension | Special Pay Part Of Pay, Should Be Reckoned To Calculate Pension : Kerala High Court

The Kerala High Court on Wednesday held that the special pay granted to judicial officers is a part of their pay and that it is to be reckoned for the purpose of calculation of pension.The Single Judge Bench of Justice Anu Sivaraman was considering a batch of petitions filed by judicial officers who are either working or have retired from service as District and Sessions Judges,...

In Difficult Times Of History, Article 226 & Basic Structure Doctrine Helped People : Justice SK Kaul

“In difficult periods in our history, it is Article 226 and the basic structure doctrine that have come to the aid of society and the people at large, and I have no hesitation in saying this,” said Supreme Court judge Justice Sanjay Kishan Kaul on Thursday (January 19) while hearing a petition raising the question of whether the jurisdiction of high courts is altogether excluded because of...

Death Caused By Overwork And Toxic Work Culture A Social Problem, Appropriate Policies Needed: Delhi High Court

The Delhi High Court has observed that death caused due to overwork and toxic work environment is a social problem which requires the government, labour unions, health officials and corporates to formulate appropriate policies. Observing that the problem of “toxic work culture” is plaguing all booming economies, Justice Jasmeet Singh cited the example of Japan where a term "karoshi” -...

ISRO Espionage Case : Kerala High Court Allows Anticipatory Bail Applications Filed By RB Sreekumar & Other Accused

The Kerala High Court on Friday allowed anticipatory bail applications of former Police and Intelligence Bureau officers, including former Gujarat ADGP RB Sreekumar and former Kerala DGP Siby Mathews, in the case relating to the alleged framing of former ISRO scientist Nambi Narayanan in the 1994 ISRO Espionage case.A bench of Justice K. Babu passed the order. The Court directed that the...

Sharing An Article Critical Of PM Modi Not Bar For Judgeship: SC Collegium Reiterates Proposal [VIDEO]

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Chargesheets Not 'Public Documents', Can't Direct Investigating Agencies To Upload Them On Websites : Supreme Court

Just because FIRs are uploaded, chargesheets cannot be directed to be uploaded in websites.

In A First, Supreme Court Collegium Puts On Record Reasons To Reject Centre's Objections To Proposals

In a first, the Supreme Court collegium has put on record the reasons to reject the objections raised by the Central Government to recommendations made regarding judges appointment.The Supreme Court collegium reiterated the names of 5 advocates for elevation to various High Courts. They are Saurabh Kirpal (Delhi High Court), Somasekaran Sundaresan (Bombay High Court), John Sathyan (Madras...

Infrequent Use of Basic Structure Doctrine By The Courts Makes Fears Of Its Critics Misplaced

The Vice President, Jagdeep Dhankhar’s address at the inauguration of the 83rd All India Conference of Presiding Officers in Jaipur on January 11 appears to have drawn more attention than it deserved because of its timing. In his address, Dhankhar referred to the ‘basic structure’ five times. First, he said that ‘the basic’ of any ‘basic structure’ has to be the supremacy of mandate of people. He inferred from this understanding that the primacy and sovereignty of Parliament and...

Being Openly Gay Or Expressing Views Not Bar For Judgeship: SC Collegium Reiterates Proposals [VIDEO]

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