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DARK SECRETS: Constitution bench - The Real Truth

No timeline, but Governors can’t sit on Bills indefinitely, says Supreme Court

Timelines cannot be imposed on the President or Governors to decide on pending Bills, a Constitution bench of the Supreme Court unanimously ruled on Thursday, November 20. The court, however, said that Governors cannot sit on Bills indefinitely, in which case the Supreme Court would exercise a limited power of…

Newslaundry

Supreme Court reserves verdict on whether private property is community wealth

A nine-judge Constitution Bench of the Supreme Court reserved judgment on the question whether material resources created by individual human labour would constitute the resources of the community.

The Hindu

Review plea in SC claims electoral bonds case alleged ‘make-believe violation of fundamental rights’

The petition said the Parliament, where petitioner-lawyer Mathews J. Nedumpara was “symbolically present”, had ushered in the scheme through an amendment in the Finance Act to curb black money.

The Hindu

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SC refers to Constitution Bench Kerala suit against Centre’s shackles on States’ borrowing powers

Supreme Court refers Kerala's borrowing powers suit to Constitution Bench, Union bails out Kerala with ₹13,608 crore.

The Hindu

How were the new Election Commissioners selected? | Explained

President appoints two retired IAS officers as Election Commissioners under new law, sparking controversy and legal challenges.

The Hindu

Deprivileging bribe: On overruling the majority verdict in P.V. Narasimha Rao vs State

A seven-member Constitution Bench has foregrounded probity as the main aspect of parliamentary functioning

The Hindu

Affluent sub-castes among backward classes may be excluded from quota list, observes Supreme Court

A Constitution Bench questions why affluent sub-castes among backward classes should not be excluded from reservation.

The Hindu

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Supreme Court in 2023: Constitution Benches galore, but judgments belie petitioners’ hopes

Supreme Court forms Constitution Benches to hear long-pending cases, but petitioners disappointed with results.

The Hindu

Arbitration agreements in unstamped contracts valid, says Constitution Bench

Supreme Court holds arbitration agreements embedded in unstamped or insufficiently-stamped contracts valid. Separability presumption allows arbitral tribunal to assume jurisdiction and decide on its own.

The Hindu

Re-criminalising adultery as a gender-neutral offence | Explained

The Hindu decodes the history of the adultery provision and what impact making it gender-neutral may have

The Hindu

Same-sex marriage verdict review: How does a review petition get heard in the Supreme Court? | Explained

In the wake of review pleas filed against the Supreme Court’s decision in the same-sex marriage case, The Hindu decodes the ambit of review petitions, why they are not heard in open court, and whether there exists any remedy beyond this jurisdiction.

The Hindu

It’s time to revamp the structure of the Supreme Court

The Supreme Court of India has three jurisdictions under the Constitution: original, appellate, and advisory. The Supreme Court serves as a Constitutional Court as well as a Court of Appeal. The Court sits in benches of varying sizes, as determined by the Registry on the directions of the Chief Justice…

The Hindu

Verdict on Article 370 challenge pending, Supreme Court judge Kaul retires in December

Supreme Court judge, Justice Sanjay Kishan Kaul, is set to retire on December 25. He was the senior most puisne judge on the five-judge Constitution Bench, which reserved the case challenging the dilution of Article 370 of the Constitution for verdict. The petitioners argued it was an attack on federalism…

The Hindu

Assam illegal immigrants | SC postpones hearing on challenge to Section 6A of Citizenship Act to Dec. 5

As a result, the provision fixes March 25, 1971 as the cut-off date for granting citizenship to Bangladeshi migrants in Assam.

The Hindu

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The Hindu

Review plea filed in SC against same-sex marriage judgment

A petition has been filed in the Supreme Court seeking a review of a Constitution Bench’s majority judgment which had held that only the legislature can recognise or regulate queer marriage.

The Hindu

Supreme Court’s same-sex marriage verdict acts as a formidable document upholding the Indianness of homosexuality and gender queerness

Supreme Court affirms queerness is Indian, not foreign; CJI D.Y. Chandrachud notes how prejudice is a remnant of colonial past. Five judges agree that queerness is not limited to urban, elite few. CJI says demand to legalise same-sex marriage should not be dismissed as foreign idea. Colonial laws heaped indignity…

The Hindu

Same-sex marriage | Supreme Court’s majority view holds that it cannot legalise queer unions

Five-judge Constitution Bench holds non-heterosexual couples cannot claim unqualified right to marry; minority view of CJ and Justice Kaul holds State should carve out regulatory framework to recognise civil union; majority view of Justices Bhat, Kohli and Narasimha holds it's for legislature to recognise and grant legal status to non-heterosexual…

The Hindu

Money Bill, AMU’s minority status, Quota within quota: The cases before the new CJI-led seven-judge Constitution Bench | Explained

On October 12, the seven-judge Bench of the Supreme Court will hear matters about the passage of laws as ‘money bills’, Aligarh Muslim University’s minority status, re-distribution of quota within SC reservation, freedom of press vis-a-vis legislative privileges, and the competence of State legislatures to levy additional taxes.

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The Hindu

The Money Bill conundrum: Seven-judge Constitution Bench to revisit issue | Explained

With a seven-judge Constitution Bench set to hear on October 12 a batch of petitions challenging the Centre’s use of the money bill route to pass key legislations, we look at how the reference came to be made

The Hindu

Supreme Court asks Centre, Delhi government to file common compilation of arguments in services row

The Supreme Court ordered a common compilation of submissions be filed by both the parties in a petition by Delhi government challenging the Central government’s law establishing pre-eminence of the Lieutenant Governor over the elected Aam Aadmi Party dispensation in controlling services in the national capital.

The Hindu

What are the three cases before the new CJI-led Constitution Bench? | Explained

The Hindu explains the upcoming cases to be heard by a new five-judge Constitution Bench headed by CJI DY Chandrachud

The Hindu

Wrong to think only ‘fancy’ cases reach Constitution Benches, says CJI

Chief Justice of India D.Y. Chandrachud on Friday told a lawyer to disabuse his mind of the notion that the Supreme Court constitutes Constitution Benches to hear “fancy” matters which have nothing to do with the daily travails of the ordinary people. He said that in cases like the Article…

The Hindu

Sedition law | Supreme Court refers petitions challenging validity of Section 124A to Constitution Bench

The court rejected the government’s request to defer the case against Section 124A

The Hindu

SC holds its 2014 verdict invalidating prior sanction before probing corruption against senior govt. officials has retrospective effect

A Constitution Bench held that a Supreme Court judgment of 2014 which declared invalid a legal provision mandating the Central Bureau of Investigation to take prior permission before investigating corruption cases against senior government officials has a retrospective effect. This means that senior government officials involved in corruption cases even…

The Hindu

Supreme Court judgment delivered four decades ago counters President’s rule in J&K

A one-page judgment pronounced by a Constitution Bench of the Supreme Court on March 17, 1971 is refuting the Centre’s claim that “breakdown of constitutional machinery” in Jammu and Kashmir led to President’s rule and heralded events leading to the abrogation of Article 370

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