Constitution Archives - Supreme Court of India Judgements

June 20, 2026 3:55 am

Constitution of India, 1950 — Arts. 32 and 329(b) — Representation of the People Act, 1951 — S. 100 — Writ petition challenging order of Returning Officer rejecting nomination paper for Rajya Sabha election — Maintainability — Held, not maintainable — Bar contained in Art. 329(b) is absolute and excludes jurisdiction of this Court under Art. 32 (and of the High Court under Art. 226) in respect of all matters connected with conduct of an election, including the scrutiny and rejection of nomination papers — Only remedy available to a candidate aggrieved by rejection of his/her nomination is to file an election petition after conclusion of the election, in the manner provided under the Representation of the People Act, 1951 — Plea of petitioner that she did not seek to obstruct the election but only its fair and transparent completion does not take the case outside the bar of Art. 329(b) — Writ petition accordingly dismissed.

Jun 16, 2026 sclaw

2026 INSC 643 SUPREME COURT OF INDIA DIVISION BENCH MEENAKSHI NATARAJAN Vs. ELECTION COMMISSION OF INDIA AND ANOTHER ( Before : Prashant Kumar Mishra and Atul S. Chandurkar, JJ. )…

Constitution Service

Constitution of India, 1950 — Article 226(1) — Territorial jurisdiction — Writ petition by CAPF personnel — Delhi High Court — Jurisdiction based on situs of respondent’s office —The Delhi High Court has territorial jurisdiction under Art. 226(1) of the Constitution to entertain a writ petition preferred by any enrolled member of the Border Security Force or any Central Armed Police Force (CAPF) who is aggrieved by an administrative order of termination of service, by reason of the situs of the offices of the Union of India and the Director General of the concerned CAPF in New Delhi — and this jurisdictional competence subsists notwithstanding that the impugned order of termination was issued from a place outside the territorial limits of the Delhi High Court and that no part of the cause of action arose within such limits — The Union of India and the Director General, BSF are necessary parties to such a writ petition by virtue of Ss. 4 and 5 of the BSF Act and the requirement under R. 22(4) of the BSF Rules that every order of dismissal/removal be reported to the Director General; there is, moreover, a presumption that official acts have been regularly performed.

Jun 12, 2026 sclaw

2026 INSC 630 SUPREME COURT OF INDIA DIVISION BENCH BAKSISH AHMAD Vs. UNION OF INDIA AND ANOTHER ( Before : Dipankar Datta and Satish Chandra Sharma, JJ. ) Civil Appeal…

Constitution

Constitution of India, 1950 — Article 14, 15(1), 16, 39(a) & 39(c) — Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (2016 Order) — Clause 2(p) — Government Order (G.O.) No — 6 of 2019 — Paragraph IV(10) — Exclusion of married daughter from definition of ‘family’ for compassionate appointment as fair price shop dealer — Held, exclusion is based on gender stereotypes and lacks rational nexus with the object of the scheme, violating Articles 14 and 15(1) of the Constitution — Marital status cannot be the sole criterion for dependency — Dependency is a question of fact.

Jun 4, 2026 sclaw

2026 INSC 617 SUPREME COURT OF INDIA DIVISION BENCH KULSUM NISHA Vs. STATE OF U.P. AND OTHERS ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. ) Civil Appeal…

Constitution

Allotment of Land — Irregularity — Public Interest Litigation — Demolition vs. Regularisation — The court must balance the wrong committed with the current reality and socio-economic consequences — Demolition of a fully operational commercial complex, involving significant investment, employment, and tax revenue, may not serve public interest if financial restitution is possible.

Jun 2, 2026 sclaw

2026 INSC 551 SUPREME COURT OF INDIA DIVISION BENCH K. RAHEJA CORP. PRIVATE LIMITED Vs. THE STATE OF MAHARASHTRA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Alok Aradhe,…

Constitution

Constitution of India, 1950 — List II, Entry 34 — “Betting and gambling” — Whether confined to games of chance — The expression “betting and gambling” in Entry 34 cannot be split to mean that the staking angle alone constitutes “betting” and the chance element alone constitutes “gambling” — Both betting and gambling involve the aspect of staking money on an uncertain outcome — Merely because the risk element is commonly perceived as “taking a chance”, it cannot mean the expression covers only games of chance — The expression is a set composite expression and cannot be rewritten by Courts to read as “betting on gambling” — Such a judicial rewriting would constitute a clear constitutional aberration — State of Bombay v. R.M.D. Chamarbaugwala, AIR 1957 SC 699 (RMDC-I) and R.M.D. Chamarbaugwala v. Union of India, AIR 1957 SC 628 (RMDC-II), explained and distinguished.

May 31, 2026 sclaw

2026 INSC 594 SUPREME COURT OF INDIA DIVISION BENCH STATE OF TAMIL NADU AND OTHERS Vs. JUNGLEE GAMES INDIA PVT. LTD. AND OTHERS ( Before : J.B. Pardiwala and R.…

Constitution

Constitution of India — Articles 246A, 366(12), 366(12A), 265 — Central Goods and Services Tax Act, 2017 (CGST Act) — Sections 2(1), 2(31), 2(52), 7, 9, 15 — Central Goods and Services Tax Rules, 2017 — Rules 31A, 31B, 31C — Schedule III, Entry 6 — Actionable claims arising from betting and gambling — Constitutional validity of levy of GST — Legislative competence of Parliament — Whether online gaming, fantasy sports and casino transactions involve betting and gambling — Whether actionable claims arise therefrom — Valuation of taxable supply.

May 31, 2026 sclaw

2026 INSC 595 SUPREME COURT OF INDIA DIVISION BENCH DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE (HQS) AND OTHERS Vs. GAMESKRAFT TECHNOLOGIES PRIVATE LIMITED AND OTHERS ( Before :…

Constitution

Betting and Gambling — Essential ingredients — The essential element of “betting and gambling” lies in staking money or money’s worth upon uncertain outcomes — The character of betting and gambling does not depend exclusively upon whether the underlying activity is a game of skill or a game of chance, but upon the existence of stakes placed upon uncertain future contingencies — Consequently, even where the underlying activity involves substantial elements of skill, once participation is conditioned upon staking money or money’s worth upon uncertain outcomes, the resulting transaction acquires the character of betting and gambling within the framework of the GST legislation — Accordingly, online gaming activities, including fantasy sports and other games played on digital platforms involving staking upon uncertain outcomes, constitute betting and gambling for purposes of the GST framework.

May 31, 2026 sclaw

2026 INSC 595 SUPREME COURT OF INDIA DIVISION BENCH DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE (HQS) AND OTHERS Vs. GAMESKRAFT TECHNOLOGIES PRIVATE LIMITED AND OTHERS ( Before :…

Constitution Election Laws

SIR ::: Constitution of India, 1950 — Article 324 — Representation of the People Act, 1950 — Sections 21(3) — Electoral Rolls — Special Intensive Revision (SIR) — Election Commission of India (ECI) has power to conduct SIR — Commission’s authority under Article 324 operates in conformity with valid law made by Parliament, but parliamentary legislation cannot extinguish Commission’s constitutional function — ECI’s powers supplement law where necessary but cannot override express statutory prohibition — SIR exercise was not in direct conflict with RP Act and 1960 Rules — Exercise subserves constitutional goal of free and fair elections.

May 31, 2026 sclaw

2026 INSC 564 SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION FOR DEMOCRATIC REFORMS AND OTHERS Vs. ELECTION COMMISSION OF INDIA AND OTHERS ( Before : Surya Kant, CJI. and Joymalya…

Constitution

Constitution of India, 1950 — Articles 21, 32, 226 — Illegal detention — Definition — Illegal detention may be defined as the deprivation of liberty by the State without lawful authority or in violation of provisions of the Constitution — It involves actual custody such that the individual is not free to leave — The detention must lack a valid legal basis, including situations where authority is void or expired — Even where a law permits detention, it becomes illegal if the procedure followed is not just, fair and reasonable, including failure to observe essential safeguards — Also covers situations where the power to detain is exercised arbitrarily, for an improper purpose, or in bad faith.

May 31, 2026 sclaw

2026 INSC 599 SUPREME COURT OF INDIA DIVISION BENCH DAUDAYAL Vs. THE STATE OF RAJASTHAN AND OTHERS ( Before : Sanjay Karol and Augustine George Masih, JJ. ) Criminal Appeal…

Constitution Service

Constitution of India, 1950 — Article 21 — Right to Livelihood and Dignity — Prolonged non-payment of salaries and retiral dues of employees of State-owned Corporations led to severe humanitarian consequences, including destitution and even suicides, impacting the right to livelihood and dignity guaranteed under Article 21 of the Constitution.

May 31, 2026 sclaw

2026 INSC 607 SUPREME COURT OF INDIA DIVISION BENCH BIHAR STATE ARDH SARKARI ARAJPATI KARAMCHARI MAHA SANGH AND OTHERS Vs. STATE OF BIHAR AND OTHERS ( Before : Vikram Nath…

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Service

Delhi Municipal Corporation Act, 1957 — Section 59(d), 92 and 95(1) — Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959 — Regn. 7, Schedule — Disciplinary Authority — Competency of Commissioner to dismiss Group ‘A’ Officer — Substitution of Section 59(d) by Delhi Municipal Corporation (Amendment) Act, 1993, w.e.f. 01.10.1993 — Legislative Intent — Post-1993 amendment, the Commissioner is put in complete control both as the appointing authority and the disciplinary authority — Phrase “subject to any regulation that may be made in this behalf” used in Section 59(d) refers to regulations that may be made in future and not the existing 1959 Regulations — Commissioner held fully competent to pass dismissal orders against Group ‘A’ officers despite old regulations naming the ‘Corporation’ as the disciplinary authority.

Jun 18, 2026 sclaw

Service

Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.

Jun 16, 2026 sclaw

RTI

Right to Information Act, 2005 — S. 24(4) — Madhya Pradesh Special Police Establishment Act, 1947 — S. 2(1), S. 3 — “Intelligence and Security Organisation” — Scope and Applicability of Exemption — Jurisdiction of Special Police Establishment (SPE) — The expression “intelligence and security organisations” under Section 24 of the RTI Act implies that the concerned entity must be statutory or institutionally empowered to handle matters of intelligence and national/state security — The Special Police Establishment (SPE) of Madhya Pradesh, established under Section 2(1) of the Act of 1947, is clothed with a limited jurisdiction restricted strictly to investigating offences punishable under the Prevention of Corruption Act, 1988, and select economic/fraud offenses under Sections 409, 420, and Chapter XVIII of the Indian Penal Code — Because neither the Lokayukt nor the SPE handles matters connected to general ‘intelligence’ and ‘security’, the SPE cannot be deemed an “intelligence and security organisation” under Section 24(4) of the RTI Act — Principle of institutional parity cannot be invoked to grant blanket exemptions to a anti-corruption investigation agency.

Jun 16, 2026 sclaw

C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw

Category: Constitution

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