Category: Constitution

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 — Section 4 (unamended) — Person competent to lodge FIR — Essential Nature — Prohibition Act is a special legislation and its procedure must be followed, overriding general CrPC provisions for FIR registration by police — Prior to 2024 Amendment, Section 4 restricted FIR lodging to aggrieved persons or their relatives by blood, marriage, or adoption — This restriction is not a mere procedural nicety but a deliberate legislative choice to protect individual autonomy and prevent frivolous litigation in matters of personal religious faith — FIR lodged by complainant not falling within these categories is ab initio void and liable for quashing.

2025 INSC 1249 SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA BIHARI LAL AND ANOTHER Vs. STATE OF UTTAR PRADESH AND OTHERS ( Before : J.B. Pardiwala and Manoj Misra, JJ.…

Constitution of India, 1950 — Article 233(2) — Appointment of District Judges — Eligibility for in-service candidates — Clause (2) not prescribing qualifications for those already in judicial service — Such candidates not barred from direct recruitment — Interpretation to the contrary renders first part of Clause (2) redundant.

2025 INSC 1208 SUPREME COURT OF INDIA 5 JUDGES BENCH REJANISH K.V. Vs. K. DEEPA AND OTHERS ( Before : B.R. Gavai, CJI, Aravind Kumar, Satish Chandra Sharma and K.…

Surrogacy (Regulation) Act, 2021 — Section 4(iii)(c)(I) — Age-restriction for intending couples — Retrospective application — Intending couples who commenced surrogacy procedures (including embryo creation and freezing) before the Act’s commencement date (25.01.2022) are not subject to the age-restrictions under Section 4(iii)(c)(I). The Act, unless expressly or by necessary implication made retrospective, is presumed to be prospective. The commencement of freezing embryos signifies a vested right and a crystallized intention, preventing subsequent age-bar imposition from frustrating the process.

2025 INSC 1209 SUPREME COURT OF INDIA DIVISION BENCH VIJAYA KUMARI S AND ANOTHER Vs. UNION OF INDIA ( Before : B.V. Nagarathna and K.V. Viswanathan, JJ. ) Writ Petition…

Constitution of India, 1950 — Article 19(1)(c) — Freedom of association — Not absolute — Restrictions can be imposed for good governance and public interest, especially in sports administration to ensure transparency, accountability, and professionalism — AIFF Constitution’s mandate for State associations to conform to its provisions supported.

2025 INSC 1131 SUPREME COURT OF INDIA DIVISION BENCH ALL INDIA FOOTBALL FEDERATION Vs. RAHUL MEHRA AND OTHERS ( Before : Pamidighantam Sri Narasimha and Joymalya Bagchi, JJ. ) Civil…

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.

2025 INSC 1116 SUPREME COURT OF INDIA DIVISION BENCH IN RE: THE WAQF AMENDMENT ACT, 2025 (1) ( Before : B.R. Gavai, CJI. and Augustine George Masih, J. ) Writ…

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,…

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