Category: Constitution

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.

2025 INSC 1043 SUPREME COURT OF INDIA FULL BENCH VASANTA SAMPAT DUPARE Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ. )…

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

2025 INSC 943 SUPREME COURT OF INDIA DIVISION BENCH XXX Vs. THE UNION OF INDIA AND OTHERS ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Writ Petition…

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity.

2025 INSC 912 SUPREME COURT OF INDIA DIVISION BENCH PADI KAUSHIK REDDY ETC. Vs. STATE OF TELANGANA AND OTHERS ETC. ( Before : B.R. Gavai, CJI. and Augustine George Masih,…

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Delay in deciding disqualification petitions — Speaker’s duty to decide expeditiously — Held, Speaker is bound to decide disqualification petitions within a reasonable period.

2025 INSC 912 SUPREME COURT OF INDIA DIVISION BENCH PADI KAUSHIK REDDY ETC. Vs. STATE OF TELANGANA AND OTHERS ETC. ( Before : B.R. Gavai, CJI. and Augustine George Masih,…

Kerala Cricket Association Byelaws, not specified — Blacklisting of member — KCA blacklisted the appellant life-ban for alleged concealment of facts before the High Court — Supreme Court struck down the blacklisting order as consequential to the erroneous rejection of the writ petition and writ appeal by the High Court, finding the High Court’s view of the appellant approaching with “unclean hands” to be harsh and not substantiated by the facts presented.

2025 INSC 906 SUPREME COURT OF INDIA DIVISION BENCH SANTHOSH KARUNAKARAN Vs. OMBUDSMAN CUM ETHICS OFFICER, KERALA CRICKET ASSOCIATION AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ.…

Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.

2025 INSC 884 SUPREME COURT OF INDIA FULL BENCH VISHNU VARDHAN @ VISHNU PRADHAN Vs. THE STATE OF UTTAR PRADESH AND OTHERS ( Before : Surya Kant, Dipankar Datta and…

Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate.

2025 INSC 894 SUPREME COURT OF INDIA DIVISION BENCH K. PURUSHOTTAM REDDY Vs. UNION OF INDIA AND OTHERS ( Before : Surya Kant and Nongmeikapam Kotiswar Singh, JJ. ) Writ…

Constitution of India, 1950 — Article 227 — Penal Code, 1860 — Sections 147, 323, 341, 325, 307, 427, 149 — Criminal Procedure Code, 1973 — Sections 439, 439(2) — Supreme Court’s Role and Judicial Restraint — High Courts should generally refrain from passing strictures against judicial officers. Strictures should only be passed in exceptional circumstances and after providing an opportunity to the officer to explain — The proper procedure is to report such matters to the Chief Justice for administrative action — Supreme Court expunged strictures against a judicial officer due to lack of opportunity and reversal of a key judgment cited by the High Court.

2025 INSC 871 SUPREME COURT OF INDIA FULL BENCH KAUSHAL SINGH Vs. THE STATE OF RAJASHTAN ( Before : Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal…

Legal Profession — Autonomy and Independence — Administration of Justice — Role of Lawyers — Article 19(1)(g) of the Constitution of India — Impact of direct summons to defence counsel by Investigating Agencies on the autonomy of the legal profession and the independence of the administration of justice — Need for judicial oversight.

SUPREME COURT OF INDIA DIVISION BENCH ASHWINKUMAR GOVINDBHAI PRAJAPATI Vs. STATE OF GUJARAT AND ANOTHER ( Before : K.V. Viswanathan and Nongmeikapam Kotiswar Singh, JJ. ) Petition(s) for Special Leave…

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

2025 INSC 810 SUPREME COURT OF INDIA DIVISION BENCH AMLESH KUMAR Vs. THE STATE OF BIHAR ( Before : Sanjay Karol and Prasanna B. Varale, JJ. ) Criminal Appeal No…..of…

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