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By sclaw
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Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity.
Sep 16, 2025
sclaw
Constitution of India, 1950 — Article 32 — Writ jurisdiction for enforcement of Fundamental Rights — Death sentence cases — Article 32 as continuing safeguard even after conventional judicial process has concluded — Power to intervene under Article 32 to prevent constitutional breach when human life hangs in the balance. Finality of Judgments — Reopening of concluded matters — Article 32 available to remedy grievances when fundamental rights are violated — Curative petition limitations — Exception for miscarriage of justice and perpetuation of irremediable injustice.
Sep 2, 2025
sclaw
Petition by High Court Judge challenging ‘In-House Procedure’ for judicial misconduct inquiry — Petitioner sought declaration of certain paragraphs of the Procedure as unconstitutional and ultra vires — Held, the ‘In-House Procedure’ is legally sanctioned and fills a constitutional gap in disciplining judges for misconduct not amounting to impeachment — Procedure is not an extra-constitutional mechanism — Petitioner’s conduct in participating without demur and challenging post-adverse findings dis-entitled him to relief on grounds of tardiness and lack of bona fides, although Constitutional challenge itself is not waivable
Aug 9, 2025
sclaw