Constitution of India, 1950 — Article 32 — Writ Petition — Delay and Laches — Doctrine of laches is a flexible rule of practice, not a rigid rule of law, to be applied on case-to-case basis based on judicial discretion — It requires balancing the equity of not allowing stale claims against the constitutional duty to enforce fundamental rights — Key considerations include inordinate delay, explanation for delay, and prejudice to third-party rights or settled matters — Unexplained delay is critical; delay attributable to the State’s conduct cannot be used against the petitioner — Claims affecting the public at large or challenging the vires of a statute might warrant a less strict application of laches, especially when addressing historical injustices or transformative constitutionalism — The Court must weigh the need for finality against the need to rectify injustice and has the power to mould relief to minimize disruption while enforcing fundamental rights.
2026 INSC 236 SUPREME COURT OF INDIA DIVISION BENCH MIZO CHIEF COUNCIL MIZORAM, THR. PRESIDENT SHRI L. CHINZAH Vs. UNION OF INDIA AND OTHERS ( Before : J.B. Pardiwala and…
