Constitutional Law

A collection of 251 posts

Article 226 Constitution - Disciplinary Proceedingss

Maharana Pratap Singh vs State Of Bihar 2025 INSC 554 - Disciplinary Proceedings

Disciplinary Proceedings - If there is a flaw from the inception of the disciplinary proceedings, i.e., the charge-sheet is not issued conforming to the relevant rules and the charged officer finds it difficult to meet the charges because it is vague, indefinite, not specific and lacking in material particulars,

Disciplinary Proceedings

Durga Prasad vs Govt. Of Nct Of Delhi 2025 INSC 548 - Disciplinary Proceedings

Disciplinary Proceedings - In the event of disagreement, Disciplinary authority has to give brief reasons for his disagreement with inquiry officer and provide an opportunity to the employee to respond to such disagreement note before forming its own opinion with regard to imposition of punishment on the delinquent. (Para 18)

Waqf Act

Md. Firoz Ahmad Khalid vs State Of Manipur 2025 INSC 535 - S. 14 Waqf Act - Muslim Member In Bar Council

Waqf Act 1995 - Section 14 - Ex-Member of the Bar Council would constitute the electoral college only when there is no eligible Member as provided for in Section 14(1)(b)(iii) and the proviso contained therein. This means that if there is no serving Muslim Member in the

Criminal

Janshruti (People's Voice) vs Union Of India 2025 INSC 536 - S. 498A IPC - Constitutional Validity Upheld

Indian Penal Code 1860 - Section 498A : Bharatiya Nyaya Sanhita, 2023 - Section 84 - Constitutional Validity upheld -While it is acknowledged that certain individuals may face hardship due to the misuse of the provision, it is equally important to look beyond these instances and recognize that the provision serves

Criminal

Ankit Mishra vs State Of Madhya Pradesh 2025 INSC 501 - Anticipatory Bail Cancellation

Constitution 0f India - Article 136 ; Code of Criminal Procedure 1973 - Section 438 - Once the benefit of anticipatory bail has been given by the High Court, the consideration for its cancellation has to be tested on the anvil as to whether the High Court has committed any serious

Constitutional Law

Satish Chander Sharma vs State Of Himachal Pradesh 2025 INSC 491 - Art. 32 - Writ Petition Against SLP/Appeal Order

Constitution of India - Article 32, 136 - A decision rendered by Supreme Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction under Article 136 of the Constitution of India, cannot be assailed directly or collaterally under Article 32. Remedy of

Constitutional Law

Varshatai Sanjay Bagade vs State Of Maharashtra 2025 INSC 486 - Maharashtra Local Authorities (Official Languages) Act - Language - Marathi - Urdu

Constitution of India - Schedule VIII - Maharashtra Local Authorities (Official Languages) Act, 2022 - There is no prohibition on the use of Urdu under the 2022 Act or in any provision of law- If people or a group of people, residing within the area covered by the Municipal Council

Constitutional Law

Neha Chandrakant Shroff & vs State Of Maharashtra 2025 INSC 484 - Writ Jurisdiction - Alternative Remedy

Constitution of India - Article 226 - The rule of exclusion of writ jurisdiction by availability of an alternative remedy is a rule of discretion and not one of compulsion. There can be many contingencies in which the High Court may be justified in exercising its writ jurisdiction inspite of

Constitutional Law

Zulfiquar Haider vs State Of Uttar Pradesh 2025 INSC 480 - Bulldozer Justice - Fundamental Right To Shelter - Demolition

Constitution of India - Article 21 - The right to shelter is also an integral part of Article 21 of the Constitution of India. This right can be taken away only by following due process of law. Moreover, our country is governed by the rule of law, which is an

Constitutional Law

State Of Tamil Nadu vs Governor Of Tamilnadu 2025 INSC 481 - Article 200 Constitution - Timelines

Constitution of India - Article 200,201 - The scheme of Article 200 does not envisage either the exercise of a pocket or an absolute veto by the Governor- Governor can neither permanently keep a bill with him without according assent to it, nor can he declare a simpliciter withholding

Motor Accident Compensation

New India Assurance Co. Ltd. vs Sunita Sharma 2025 INSC 469 - Motor Accident Compensation - Compassionate Assistance - Art. 141 Constitution

Motor Vehicles Act 1988 - Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006- Motor Accident Compensation - Quoted from Reliance General Insurance Co. Ltd. v. Shashi Sharma: A just compensation payable under the Act of 1988, therefore, is to exclude the amount received or receivable by

Constitutional Law

Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) vs State Of Bihar - Subordinate Legislation - Unconstitutionality - Public Employment

Constitution of India - Article 32,226 - Subordinate Legislation - A writ court, when it finds its conscience to be pricked in a rare and very exceptional case by the patent unconstitutionality of a subordinate legislation connected with the issue it is seized of, may, upon grant of full

Public Appointments

State Of West Bengal VS Baishakhi Bhattacharyya (Chatterjee) 2025 INSC 437 - Public Employment - Selection Process - Fraud

Public Employment - Selection Process - When an in-depth factual inquiry reveals systemic irregularities, such as malaise or fraud, that undermine the integrity of the entire selection process, the result should be cancelled in its entirety. However, if and when possible, segregation of tainted and untainted candidates should be done

Article 226 Constitution

General Manager Business Network Planning (Retail) Bharat Petroleum Corporation Limited vs P. Soundary 2025 INSC 426 - Writ Jurisdiction - Contractual Matters - Public Trust - Petroleum

Constitution of India - Article 12,226 - In writ jurisdiction, when parties to the dispute involve an organization deemed to be an instrumentality under Article 12 of the Constitution, there exists a responsibility of the State to act in a fair, reasonable manner and free from arbitrariness. The Court

Miscellaneous

Secretary, All India Shri Shivaji Memorial Society (AISSMS) vs State Of Maharashtra 2025 INSC 422 - Judicial Review - Academic Matters

Constitution of India- Article 226 - Judicial Review - Normally, courts should not interfere with the decisions taken by expert statutory bodies regarding academic matter: may it relate to qualification for admission of students or qualification required by teachers for appointment, salary, promotion, entitlement to a higher pay scale etc.

Constitutional Law

State Of Jharkhand vs Rukma Kesh Mishra 2025 INSC 412 - Art.311,226 Constitution - Disciplinary Proceedings - Precedents - Stare Decisis

Constitution of India - Article 311(1) - If one looks at Article 311(1), the sole safeguard that it provides to any member, inter alia, of a civil service of a State or the holder of a civil post under the State is that he shall not be dismissed

Civil Law

Yerikala Sunkalamma Vs State Of Andhra Pradesh 2025 INSC 383 - S.80 CPC Notice - Art.300A Constitution - Declaratory Title Suits Against Government

Code of Civil Procedure 1908- Section 80 -The primary objective behind Section 80 of the CPC is to provide the Government or a public officer with an opportunity to assess the legal merits of a claim and potentially settle it if it appears to be just and reasonable (Para 97)

Constitutional Law

Yogesh Kumar vs State Of Uttar Pradesh 2025 INSC 379 - Art. 226 Constitution - Technicalities

Constitution of India - Article 226 - while exercising the jurisdiction under Article 226 of the Constitution of India, the Court is not expected to be hyper- technical. (Para 11) -Even in case of disputed questions of fact, the High Court would be justified in entertaining a petition under Article

Constitutional Law

Indian Council Of Social Science Research (ICSSR) vs Neetu Gaur 2025 INSC 374 - Art. 12 Constitution - Deep & Pervasive Control

Constitution of India - Article 12- A ‘deep and pervasive’ control would require much more than just financing an institution or a body. Even guiding, controlling or regulating affairs of an institution will not be called a ‘deep and pervasive’ control. The ‘deep and pervasive’ control requires administrative, financial and

Constitutional Law

Bank Of India vs Muthyala Saibaba Suryanarayana Murthy 2025 INSC 373 - Writ Jurisdiction - Mandamus - Sympathy Considerations

Constitution of India - Article 226 - In exercise of writ powers under Article 226 of the Constitution, the high courts of the country do not come to the aid of the tardy, the indolent, and the lethargic. This golden truth has to borne in mind by all courts exercising

Constitutional Law

Siddharth Dalmia vs Union Of India 2025 INSC 351 - PIL Against Exploitation By Private Hospitals

Constitution of India - Article 21 - The provision of medical facilities to one and all is an essential component of the right to life guaranteed under Article 21 of the Constitution - PIL seeking direction to restrain private hospitals from compelling the patients to purchase medicines/ devices/ implants/ consumables

Constitutional Law

Mortuza Hussain Choudhury vs The State Of Nagaland 2025 INSC 321 - Preventive Detention - NDPS - Oral Communication

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3(1) - Authorized officer must be ‘satisfied’ that the person concerned required to be detained so as to prevent him/her from engaging in illicit trafficking of narcotic drugs and psychotropic substances. Such ‘satisfaction’ of

Constitutional Law

Maatr Sparsh An Initiative By Avyaan Foundation vs Union Of India 2025 INSC 302 - Rights Of Breast Feeding Women

Constitution of India - Article 21, 51A(e) -Breast Feeding - The practice of breast- feeding in public places and at workplaces is not stigmatized- Breast-feeding is an integral component of a child’s right to life, survival, and development to the highest attainable standard of health. It is an

Constitutional Law

Arvind Kumar Bhati vs State Of Uttar Pradesh 2025 INSC 286

Constitution of India - Article 226 - PIL- SC set aside some directions that were issued by Allahabad HC to the State Government on maintenance of hospitals by the State of Uttar Pradesh, including hospitals in medical colleges and Universities and observed: Certain directions that were given did not fall

Constitutional Law

A.P. Electrical Equipment Corporation vs Tahsildar 2025 INSC 274 - Writ Jurisdiction - Disputed Question Of Facts - Precedent

Constitution of India - Article 226 - Normally, the disputed questions of fact are not investigated or adjudicated by a writ court while exercising powers under Article 226 of the Constitution of India. But the mere existence of the disputed question of fact, by itself, does not take away the