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constitution bench

05 February 2016

Even as the Supreme Court is yet to upload its order referring the curative petitions filed by Naz Foundation and others to the five Judge Constitution bench, a debate has already begun over the scope and composition of the bench among observers.

15 January 2016

History was made today, with three Constitution benches sitting at the same time in the Supreme Court at 2 pm.

11 January 2016

Two very important cases related to the power to appoint teachers and rules on when special leave petitions (SLPs) should be entertained, are scheduled to be heard by two Supreme Court’s constitution benches today under CJI TS Thakur’s new constitution bench schedules.

06 August 2015

The hearing of this case continued yesterday with Rakesh Dwivedi, counsel for both Tamil Nadu and West Bengal in the Rajiv Gandhi assassination case, arguing the whole day that state governments should have the power to suspend or remit sentences or exercise mercy by using their own discretion.

06 February 2015

Constitution: Uncared forA group of lawyers analysed 884 judgments handed down by the Supreme Court in the 2014 calendar year and found that only 64, or 7 per cent, involved any substantive constitutional issues.

07 May 2014

A five-judge constitution bench of CJI RM Lodha and justices HL Dattu, Chandramauli KR Prasad, Madan B Lokur and MY Eqbal ruled in favour of the Tamil Nadu government that the Kerala government must not restrict the water levels in the Mullaperiyar dam.

The bench said that the Kerala law from 2006 was unconstitutional because it violated the doctrine of separation of powers and interfered with the judiciary, which before the law was passed had ordered to raise the dam's water level, reported the Indian Express and The Hindu.

The Supreme Court has now set up a supervisory committee to oversee the raising of the water levels. [Judgment (PDF 158 pages)]

06 May 2014

The Supreme Court has upheld the validity of the Right to Education Act under Article 15(5) and 21-A of the Constitution about compulsory education to six to 14-year-olds.

Sitting in two related cases, the constitution bench of CJI RM Lodha and justices AK Patnaik, Dipak Misra, SJ Mukhopadhaya and Ibrahim Kalifulla also ruled as valid the Right of Children to Free and Compulsory Education Act 2009, and the Right of Children to Free and Compulsory Education Rules 2010, reported The Hindu.

See RTE Judgment: Pramati Educational and Cultural Trust judgment.

In a second education case, the bench decided that the Karnataka government could not force non-Kannada native speakers to use Kannada as the main medium of instruction in primary schools, reported the Hindu.

See: State of Karnataka Associated Management of Primary and Secondary Schools judgment.