Supreme Court

Justice Vikramajit Sen of the Supreme Court, who is retiring on 30 December, has told reporters that he would pronounce the verdict in the Kerala Bar licence case on or before the last day of his tenure.

The final results of the election to the Supreme Court Bar Association (SCBA) show that it was a very closely contested election, and for some posts, the sizable votes secured by some non-serious candidates tilted the result in favour of the successful candidate.

The Supreme Court has increased transparency in the banking sector by holding that the Reserve Bank of India (RBI) cannot deny information sought under the right to information (RTI) law merely by citing economic interest and the central bank’s fiduciary relationship with banks.

In the Additional District and Sessions Judge, ‘X’ v. Supreme Court of India Through Secretary General And Anr., which came up before the bench comprising justices JS Khehar and Rohinton Nariman on 16 December, the petitioner’s counsel, Indira Jaising raised the relevance of the in-house committee report in establishing the misconduct of a judge.

A Supreme Court bench led by Chief Justice of India TS Thakur on Monday observed in a matter mentioned by advocate JC Seth no one can be forced to do yoga and that the question of violation of fundamental right would arise only if somebody is prevented from doing it reported The Indian Express. The advocate sought an early hearing of his petition in which he wants the Supreme Court to direct government to introduce yoga as a compulsory subject in schools throughout the country.

Seth informed the bench that all state governments, their education boards, CBSE and ICSE have been made parties in the matter which will be heard next on 12 January 2016.

The Chief Justice reportedly remarked “Who is preventing you (petitioner) from doing yoga? You can claim violation of your fundamental right only if somebody prevents you from doing it…you cannot force people to do yoga.” and proceeded to ask Seth “Do you do yoga every day? Does somebody stop you? How can people be forced to do it?” who responded that he would satisfy the court at the next hearing.

The Supreme Court’s Constitution Bench in the National Judicial Appointments Commission (NJAC) case, presided by Justice JS Khehar, delivered the consequential order in reforming the Collegium system to recommend appointment of new Judges to the High Courts and the Supreme Court, amidst high expectations at 10 30 AM. 

The Supreme Court’s five-judge constitution bench headed by Justice JS Khehar is set to pronounce its consequential judgment in the National Judicial Appointments Commission (NJAC) case in the morning today (16 December) at Court No 3 at 10:30 AM

Former Delhi high court Chief Justice and chairperson of the Law Commission AP Shah criticised the Supreme Court for overturning Delhi high court judgment on decriminalising homosexuality and commented that the Supreme Court bench had “ignored the counter-majoritarian role of the judiciary” while speaking at the Tarkunde Memorial Lecture at the India International Centre, reported The Indian Express.

He expressed his concern over the Supreme Court’s decision which ignored a violation of fundamental rights and chose to stick with outdated laws. He was quoted as saying:

The Supreme Court neither engaged with the change in English law nor with changing social mores globally. Instead, the court’s views suggest that the legitimacy of a law is unquestionable, regardless of its origins in an imposed foreign morality or contrary evidence, scientific or otherwise. In fact, the high court’s extensive consideration of international developments were brushed aside by the Supreme Court.

Observing that either the judiciary or the legislature have the power to repeal Section 377 of Indian Penal Code that criminalises intercourse against the course of nature, he added: “It cannot be a never-ending game of toss and catch between the legislature and the judiciary. Someone must take up the gauntlet. Both the legislature and the judiciary need to act independently, but act now they must.”

The Bombay high court’s acquittal of Salman Khan raises disturbing questions about the court’s approach to prioritizing cases, according to Daksh, a Bengaluru-based NGO, which researches political and administrative processes in order to create and evolve methods of accountability and transparency in governance.

Retired Supreme Court judge and former Law Commission chairman PV Reddy will re-evaluate the controversial 2014 Delhi Judicial Services exam, ruled a Supreme Court bench of justices Dipak Misra and Prafulla C Pant today (14 December).

Although many expected Dushyant Dave to be reelected as the President, the scale of his victory has been surprising.  Many believed that it would be  a close contest between him and Shivaji Munjajirao Jadhav.  According to sources, Jadhav had spent a lot in bringing many outstation voters to Delhi to vote for him today, in order to neutralize the popularity of Dave among the voters.  

The Supreme Court today sought a response from Nestle and the Maharashtra government on an FSSAI plea seeking a stay of the Bombay high court order prohibiting food testing by government labs not accredited under new food safety law.

An apex court bench of Justice Dipak Misra and Justice Prafulla C Pant also issued notice on a FSSAI plea for putting the sale of Maggi on hold as it was a proprietary product and it’s sale was contrary to the Section 22 of the FSSAI Act.

However, Attorney General Mukul Rohatgi told the court that FSSAI for now was not pressing for this prayer.

The court directed the hearing of the matter on 16 January as Nestle, represented by the senior counsel Harish Salve, said that it would file its response by 5 January.

Toilet election law not arbitrary, holds SCIn a judgment that is sure to surprise many, Justice J Chelameswar of the Supreme Court has held that arbitrariness cannot be a ground to strike down a law.

The Supreme Court Bar Association (SCBA) held the debate for the candidates for the post of President and the Hony. Secretary between 4.30 and 6.30 p.m. today at the Supreme Court Lawns.