The Supreme Court of India heard a writ petition challenging the Governor of Maharashtra's decision to invite the BJP to form a government in the state. The petitioners (Shiv Sena, NCP, INC) argued that the Governor's decision was unconstitutional and arbitrary. They requested an immediate floor test to prove the majority. The court noted the arguments from both sides. It observed that a floor test is necessary to prove majority support, but cannot dictate the date. It directed the video recording of floor test proceedings for transparency.
This document is a petition filed in the Supreme Court of India by Commodore Lokesh K. Batra against an order of the Delhi High Court dated 07.01.2016. The petition raises questions of law regarding the interpretation of provisions of the Right to Information Act and the scope of powers of the Central Information Commission. It argues that the High Court erred in its interpretation that denied information to the petitioner despite it being available with the respondent. It seeks to challenge the High Court order allowing the appeal of the Registrar, Supreme Court of India against a single judge order directing disclosure of certain information to the petitioner.
The Hon'ble Supreme Court in the case of Afcons Judgment has interpreted Section 89 of CPC. In the said judgment Hon'ble Supreme Court has laid down what the referral judge is supposed to do while referring the case for any Alternative Dispute Resolution (ADR). New Mediation Rules come into existance in the year 2015. Wherein also provisions for referral judges are made. This ppt will help Hon'ble Judges to refer cases for Mediation. This document also speaks about Lok Adalat, Conciliation, Arbitration and Judicial Settlement and intricacies involved therein.
Application of international human rights conventions;Rajitha Perera
1) The Supreme Court of Sri Lanka ruled that international treaties like the ICCPR do not have direct internal effect under Sri Lankan law unless incorporated by statute, as Sri Lanka follows a dualist approach.
2) It held that while Sri Lanka's accession to the ICCPR binds it internationally, domestic legislation was required to give effect to the rights in the ICCPR.
3) It also ruled that Sri Lanka's accession to the Optional Protocol was unconstitutional as it purported to confer public law rights and judicial power on an international body without parliamentary approval.
This document summarizes a court case involving an IPS officer, P.C. Wadhwa, seeking two increments in pay for improving his qualifications while in service. The State of Haryana had issued instructions granting increments to state employees who improved qualifications, but denied it to Wadhwa claiming he was governed by central rules. The court ruled that in the absence of regulations by the central government, IPS officers serving in a state are governed by that state's rules per the All India Services rules. Prior Supreme Court precedent also supported Wadhwa's claim. The court directed Haryana to grant Wadhwa the two increments as per the state's instructions.
Points to be kept in mind while deciding sessions trialLegal
This document might provide some help to those who are dealing with Sessions Trial in Indian Courts. All care is taken to cover all points but if you find some mistake or some addition or deletion is required to me made, please inform me by e-mail:- hanifkaiz@yahoo.in
The document is an application for intervention filed by Citizens for Justice and Peace (CJP) in the Supreme Court of India regarding the National Register of Citizens (NRC) in Assam. Some key points:
- CJP works on citizenship rights issues in Assam and assisted thousands of people with the NRC process through a helpline.
- The court had directed the NRC coordinator to seek clarity on issues related to descendants of declared foreigners.
- CJP files this application in a representative capacity, citing its extensive work assisting marginalized groups with the NRC, to draw the court's attention to critical issues regarding exclusions from the final NRC list.
This document is a petition filed in the Supreme Court of India by Commodore Lokesh K. Batra against an order of the Delhi High Court dated 07.01.2016. The petition raises questions of law regarding the interpretation of provisions of the Right to Information Act and the scope of powers of the Central Information Commission. It argues that the High Court erred in its interpretation that denied information to the petitioner despite it being available with the respondent. It seeks to challenge the High Court order allowing the appeal of the Registrar, Supreme Court of India against a single judge order directing disclosure of certain information to the petitioner.
The Hon'ble Supreme Court in the case of Afcons Judgment has interpreted Section 89 of CPC. In the said judgment Hon'ble Supreme Court has laid down what the referral judge is supposed to do while referring the case for any Alternative Dispute Resolution (ADR). New Mediation Rules come into existance in the year 2015. Wherein also provisions for referral judges are made. This ppt will help Hon'ble Judges to refer cases for Mediation. This document also speaks about Lok Adalat, Conciliation, Arbitration and Judicial Settlement and intricacies involved therein.
Application of international human rights conventions;Rajitha Perera
1) The Supreme Court of Sri Lanka ruled that international treaties like the ICCPR do not have direct internal effect under Sri Lankan law unless incorporated by statute, as Sri Lanka follows a dualist approach.
2) It held that while Sri Lanka's accession to the ICCPR binds it internationally, domestic legislation was required to give effect to the rights in the ICCPR.
3) It also ruled that Sri Lanka's accession to the Optional Protocol was unconstitutional as it purported to confer public law rights and judicial power on an international body without parliamentary approval.
This document summarizes a court case involving an IPS officer, P.C. Wadhwa, seeking two increments in pay for improving his qualifications while in service. The State of Haryana had issued instructions granting increments to state employees who improved qualifications, but denied it to Wadhwa claiming he was governed by central rules. The court ruled that in the absence of regulations by the central government, IPS officers serving in a state are governed by that state's rules per the All India Services rules. Prior Supreme Court precedent also supported Wadhwa's claim. The court directed Haryana to grant Wadhwa the two increments as per the state's instructions.
Points to be kept in mind while deciding sessions trialLegal
This document might provide some help to those who are dealing with Sessions Trial in Indian Courts. All care is taken to cover all points but if you find some mistake or some addition or deletion is required to me made, please inform me by e-mail:- hanifkaiz@yahoo.in
The document is an application for intervention filed by Citizens for Justice and Peace (CJP) in the Supreme Court of India regarding the National Register of Citizens (NRC) in Assam. Some key points:
- CJP works on citizenship rights issues in Assam and assisted thousands of people with the NRC process through a helpline.
- The court had directed the NRC coordinator to seek clarity on issues related to descendants of declared foreigners.
- CJP files this application in a representative capacity, citing its extensive work assisting marginalized groups with the NRC, to draw the court's attention to critical issues regarding exclusions from the final NRC list.
Reference Against Justice Mansoor Ali ShahZaheer Abbas
Reference Against Justice Mansoor Ali Shah
COMPLAINT REGARDING ALLEGED MISCONDUCT OF HON’BLE MR. JUSTICE SYED MANSOOR ALI SHAH, JUDGE, LAHORE HIGH COURT, LAHORE FOR ACTION IN ACCORDANCE WITH ARTICLE 209 OF THE CONSTITUTION READ WITH CODE OF CONDUCT FOR JUDGES OF THE SUPREME COURT AND THE HIGH COURTS AND THE SUPREME JUDICIAL COUNCIL PROCEDURE OF INQUIRY, 2005
This document provides an index and overview of a report on the law of contempt of court in India. It begins with definitions of "contempt" from legal dictionaries and a history of contempt of court in England and India. It then outlines the legal provisions related to contempt of court in the Indian Constitution and the Contempt of Courts Act of 1971. The Act defines civil and criminal contempt and establishes exceptions and limitations. It discusses the powers and procedures of the Supreme Court and high courts to try contempt cases.
This appeal summarizes a court case in which the appellant, Habil Sindhu, appealed his conviction of murder and concealment of evidence. The court examined whether Habil Sindhu received effective legal representation during his trial. The court determined that the state defense counsel appointed to represent Habil Sindhu one day before witness testimony began was not given adequate time to prepare and this violated Habil Sindhu's constitutional right to a fair trial. As a result, the court remanded the case for a new trial, directing the sessions judge to ensure the accused receives proper legal representation going forward.
This document discusses professional ethics for lawyers in India. It covers the origin and development of the legal profession in India from ancient times through British rule to the present. Key highlights include:
1) The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate the legal profession and enroll advocates.
2) To enroll as an advocate one must be an Indian citizen over 21, have a recognized law degree, and pay the enrollment fee. Convictions for moral turpitude or untouchability offenses can disqualify enrollment.
3) The Bar Councils frame rules on professional ethics, take disciplinary action for misconduct, and protect advocates' rights. Senior Advocate status
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
The Supreme Court of India document discusses the case of appellant Gautam Navlakha. Key points:
1) Navlakha was arrested on August 28, 2018 regarding an FIR registered in Pune under various sections of the Indian Penal Code and Unlawful Activities (Prevention) Act.
2) Navlakha filed a habeas corpus petition in the Delhi High Court challenging his arrest and transfer to Pune. The High Court set aside the transit remand order transferring Navlakha.
3) Navlakha subsequently filed several petitions seeking anticipatory bail and challenging the FIR, with interim protections from arrest granted and later removed as the petitions were dismissed.
4
The document is a letter from the All Assam Minorities Students' Union to the Home Minister of India expressing views on the Citizenship Amendment Bill of 2019, the National Register of Citizens in Assam, and Clause 6 of the Assam Accord. It provides background on the Assam Agitation, Assam Accord, Citizenship Act amendments, Supreme Court cases related to NRC, and the process of preparing and publishing the NRC in Assam. It also discusses amendments made to exempt certain minority groups from Pakistan, Bangladesh and Afghanistan from prosecution if they entered India before 2014 due to religious persecution. Legal challenges to these amendments are pending before the Supreme Court.
While Freedom of Speech and Expression is a fundamental right in India, of equal concern is a need to protect the authority and sanctity of Judiciary and the Parliament so as to afford them requisite space to perform their assigned roles. Hence the relevance of this topic.
This document is a writ petition filed in the Supreme Court of India challenging the validity of the 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014. It summarizes the history of judicial appointments in India and argues that the new Acts undermine the independence of the judiciary, which is part of the basic constitutional structure. It claims the new Commission is an ex-officio body that will lack transparency and fail to ensure the appointment of only the most qualified and integrity candidates as judges. The petition asks the Court to preserve the independence of the judiciary by striking down the new laws.
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Exhibit of oral and documentory evidenceArjun Randhir
This document discusses and summarizes 5 key cases related to principles for admitting exhibits and secondary evidence:
1. The Supreme Court held that merely marking an exhibit does not dispense with proving the document.
2. Electronically recorded conversations are admissible if relevant and the voice is identified, provided the recording's accuracy is proved and it is not altered.
3. Documents pass through three stages - filing, admission as evidence, and finally being held as proved or disproved after judicial review.
4. Objecting to a document's admissibility is best done at the evidence recording stage so the objecting party can cross-examine on it, otherwise their rights may be denied.
The Supreme Court is the highest court in India with original, appellate, and advisory jurisdiction. It has a Chief Justice and 25 other judges appointed by the President. Judges hold office until age 65 and can only be removed by impeachment for misbehavior or incapacity. The Supreme Court has all powers of a court of record, including the ability to punish for contempt. It hears disputes between the central government and states, or between two or more states under its original jurisdiction.
The document is an application filed in the Supreme Court of India appealing a lodgment order dated 16.02.2017 issued by the Registrar of the Supreme Court refusing to register a writ petition. The application argues that the Registrar misapplied the law and abused their powers by refusing registration, thereby violating the petitioner's fundamental rights. It requests that the Supreme Court allow correction of the application and pass any other order deemed just in the interests of justice.
This document summarizes an appeal hearing regarding a request for information on files related to the appointment of certain Supreme Court judges in India. It provides background on the original information request, the responses from lower authorities, and arguments presented during the appeal hearing. Key points included that the Supreme Court argued the information is exempt as the Chief Justice acts in a fiduciary role in appointments and the information is personal. A prior commission ruling supported maintaining confidentiality in judicial selection processes.
This document is a Supreme Court of India ruling on whether sanction is required under Section 197 of the Criminal Procedure Code to initiate criminal proceedings against public servants for offenses allegedly committed in their official duties. The Court sets aside the High Court order quashing the criminal proceedings for lack of sanction. The Court finds that the alleged acts of cheating, fabrication of records and misappropriation cannot be considered discharge of official duties. It directs the trial court to expedite and complete the criminal trial by December 31, 2015.
The document discusses Supreme Court Rules 1966, Delhi High Court Rules 1967, The Limitation Act 1963, The Registration Act 1908 and Bench-Bar Relations.
It provides an overview of the key provisions of the Supreme Court Rules related to advocates, single judges, writ petitions and election petitions. It also summarizes some key provisions of the Delhi High Court Rules related to advocates, single judges and civil/criminal jurisdiction.
The summary then provides a high-level overview of the main provisions of The Limitation Act and The Registration Act related to limitation periods, legal disability exclusions and effects of registration. It concludes with a brief discussion of the Advocates Act 1961 and roles of the State Bar Council and Bar Council of India regarding
Writ Petition Criminal NO.......of 2017 vide D.NO.3913 against Registrar Supr...Om Prakash Poddar
This document is a writ petition filed in the Supreme Court of India under Article 32 of the Constitution. It challenges the Registrar's refusal to register a previous writ petition on the grounds that no reasonable cause was shown. The petitioners argue that violations of court rules and procedures by the registry and a prior court order provide reasonable grounds. It raises several questions of law regarding what constitutes reasonable grounds for registration and whether the petitioner's fundamental right to access justice has been violated. The petitioners seek a writ of mandamus, prohibition or certiorari to enforce their Article 21 rights.
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
Five individuals applied for regular bail after being accused of sedition and attempted murder during a protest at a university event. The judge determined that the charges of sedition and attempted murder were doubtful and that the offense would more likely be considered attempted harm. As the individuals were not named in the complaint and could not control the absconding leaders, the judge granted them bail with bonds and sureties.
SC order dated 11.05.2022- Sedition case.pdfsabrangsabrang
The Supreme Court heard petitions challenging the constitutionality of Section 124A of the Indian Penal Code, which deals with the offense of sedition. In its order, the Court noted the Union of India's agreement that the sedition law is not in tune with the current social climate. As such, the Court directed that the central and state governments refrain from using Section 124A while it is being reconsidered. The Court also kept pending sedition cases and trials in abeyance until further orders.
The document summarizes the methods of recruitment and training of judges in India's higher judiciary. It discusses that the President appoints judges to the Supreme Court after consultation with the chief justice and other high court judges. It also outlines the key constitutional provisions and judicial pronouncements that established the collegium system for judicial appointments, where the Chief Justice of India and senior Supreme Court judges make recommendations to the President for appointments, elevations and transfers of judges. The document discusses the First Judges Case of 1982 which laid the foundation for the collegium system, giving the judiciary a primary role in appointments.
Reference Against Justice Mansoor Ali ShahZaheer Abbas
Reference Against Justice Mansoor Ali Shah
COMPLAINT REGARDING ALLEGED MISCONDUCT OF HON’BLE MR. JUSTICE SYED MANSOOR ALI SHAH, JUDGE, LAHORE HIGH COURT, LAHORE FOR ACTION IN ACCORDANCE WITH ARTICLE 209 OF THE CONSTITUTION READ WITH CODE OF CONDUCT FOR JUDGES OF THE SUPREME COURT AND THE HIGH COURTS AND THE SUPREME JUDICIAL COUNCIL PROCEDURE OF INQUIRY, 2005
This document provides an index and overview of a report on the law of contempt of court in India. It begins with definitions of "contempt" from legal dictionaries and a history of contempt of court in England and India. It then outlines the legal provisions related to contempt of court in the Indian Constitution and the Contempt of Courts Act of 1971. The Act defines civil and criminal contempt and establishes exceptions and limitations. It discusses the powers and procedures of the Supreme Court and high courts to try contempt cases.
This appeal summarizes a court case in which the appellant, Habil Sindhu, appealed his conviction of murder and concealment of evidence. The court examined whether Habil Sindhu received effective legal representation during his trial. The court determined that the state defense counsel appointed to represent Habil Sindhu one day before witness testimony began was not given adequate time to prepare and this violated Habil Sindhu's constitutional right to a fair trial. As a result, the court remanded the case for a new trial, directing the sessions judge to ensure the accused receives proper legal representation going forward.
This document discusses professional ethics for lawyers in India. It covers the origin and development of the legal profession in India from ancient times through British rule to the present. Key highlights include:
1) The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate the legal profession and enroll advocates.
2) To enroll as an advocate one must be an Indian citizen over 21, have a recognized law degree, and pay the enrollment fee. Convictions for moral turpitude or untouchability offenses can disqualify enrollment.
3) The Bar Councils frame rules on professional ethics, take disciplinary action for misconduct, and protect advocates' rights. Senior Advocate status
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
The Supreme Court of India document discusses the case of appellant Gautam Navlakha. Key points:
1) Navlakha was arrested on August 28, 2018 regarding an FIR registered in Pune under various sections of the Indian Penal Code and Unlawful Activities (Prevention) Act.
2) Navlakha filed a habeas corpus petition in the Delhi High Court challenging his arrest and transfer to Pune. The High Court set aside the transit remand order transferring Navlakha.
3) Navlakha subsequently filed several petitions seeking anticipatory bail and challenging the FIR, with interim protections from arrest granted and later removed as the petitions were dismissed.
4
The document is a letter from the All Assam Minorities Students' Union to the Home Minister of India expressing views on the Citizenship Amendment Bill of 2019, the National Register of Citizens in Assam, and Clause 6 of the Assam Accord. It provides background on the Assam Agitation, Assam Accord, Citizenship Act amendments, Supreme Court cases related to NRC, and the process of preparing and publishing the NRC in Assam. It also discusses amendments made to exempt certain minority groups from Pakistan, Bangladesh and Afghanistan from prosecution if they entered India before 2014 due to religious persecution. Legal challenges to these amendments are pending before the Supreme Court.
While Freedom of Speech and Expression is a fundamental right in India, of equal concern is a need to protect the authority and sanctity of Judiciary and the Parliament so as to afford them requisite space to perform their assigned roles. Hence the relevance of this topic.
This document is a writ petition filed in the Supreme Court of India challenging the validity of the 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014. It summarizes the history of judicial appointments in India and argues that the new Acts undermine the independence of the judiciary, which is part of the basic constitutional structure. It claims the new Commission is an ex-officio body that will lack transparency and fail to ensure the appointment of only the most qualified and integrity candidates as judges. The petition asks the Court to preserve the independence of the judiciary by striking down the new laws.
LLB LAW PROFESSIONAL ETHICS PROJECT FILE IN ENGLISH
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FREE LLB LAW NOTES
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FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Exhibit of oral and documentory evidenceArjun Randhir
This document discusses and summarizes 5 key cases related to principles for admitting exhibits and secondary evidence:
1. The Supreme Court held that merely marking an exhibit does not dispense with proving the document.
2. Electronically recorded conversations are admissible if relevant and the voice is identified, provided the recording's accuracy is proved and it is not altered.
3. Documents pass through three stages - filing, admission as evidence, and finally being held as proved or disproved after judicial review.
4. Objecting to a document's admissibility is best done at the evidence recording stage so the objecting party can cross-examine on it, otherwise their rights may be denied.
The Supreme Court is the highest court in India with original, appellate, and advisory jurisdiction. It has a Chief Justice and 25 other judges appointed by the President. Judges hold office until age 65 and can only be removed by impeachment for misbehavior or incapacity. The Supreme Court has all powers of a court of record, including the ability to punish for contempt. It hears disputes between the central government and states, or between two or more states under its original jurisdiction.
The document is an application filed in the Supreme Court of India appealing a lodgment order dated 16.02.2017 issued by the Registrar of the Supreme Court refusing to register a writ petition. The application argues that the Registrar misapplied the law and abused their powers by refusing registration, thereby violating the petitioner's fundamental rights. It requests that the Supreme Court allow correction of the application and pass any other order deemed just in the interests of justice.
This document summarizes an appeal hearing regarding a request for information on files related to the appointment of certain Supreme Court judges in India. It provides background on the original information request, the responses from lower authorities, and arguments presented during the appeal hearing. Key points included that the Supreme Court argued the information is exempt as the Chief Justice acts in a fiduciary role in appointments and the information is personal. A prior commission ruling supported maintaining confidentiality in judicial selection processes.
This document is a Supreme Court of India ruling on whether sanction is required under Section 197 of the Criminal Procedure Code to initiate criminal proceedings against public servants for offenses allegedly committed in their official duties. The Court sets aside the High Court order quashing the criminal proceedings for lack of sanction. The Court finds that the alleged acts of cheating, fabrication of records and misappropriation cannot be considered discharge of official duties. It directs the trial court to expedite and complete the criminal trial by December 31, 2015.
The document discusses Supreme Court Rules 1966, Delhi High Court Rules 1967, The Limitation Act 1963, The Registration Act 1908 and Bench-Bar Relations.
It provides an overview of the key provisions of the Supreme Court Rules related to advocates, single judges, writ petitions and election petitions. It also summarizes some key provisions of the Delhi High Court Rules related to advocates, single judges and civil/criminal jurisdiction.
The summary then provides a high-level overview of the main provisions of The Limitation Act and The Registration Act related to limitation periods, legal disability exclusions and effects of registration. It concludes with a brief discussion of the Advocates Act 1961 and roles of the State Bar Council and Bar Council of India regarding
Writ Petition Criminal NO.......of 2017 vide D.NO.3913 against Registrar Supr...Om Prakash Poddar
This document is a writ petition filed in the Supreme Court of India under Article 32 of the Constitution. It challenges the Registrar's refusal to register a previous writ petition on the grounds that no reasonable cause was shown. The petitioners argue that violations of court rules and procedures by the registry and a prior court order provide reasonable grounds. It raises several questions of law regarding what constitutes reasonable grounds for registration and whether the petitioner's fundamental right to access justice has been violated. The petitioners seek a writ of mandamus, prohibition or certiorari to enforce their Article 21 rights.
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
Five individuals applied for regular bail after being accused of sedition and attempted murder during a protest at a university event. The judge determined that the charges of sedition and attempted murder were doubtful and that the offense would more likely be considered attempted harm. As the individuals were not named in the complaint and could not control the absconding leaders, the judge granted them bail with bonds and sureties.
SC order dated 11.05.2022- Sedition case.pdfsabrangsabrang
The Supreme Court heard petitions challenging the constitutionality of Section 124A of the Indian Penal Code, which deals with the offense of sedition. In its order, the Court noted the Union of India's agreement that the sedition law is not in tune with the current social climate. As such, the Court directed that the central and state governments refrain from using Section 124A while it is being reconsidered. The Court also kept pending sedition cases and trials in abeyance until further orders.
The document summarizes the methods of recruitment and training of judges in India's higher judiciary. It discusses that the President appoints judges to the Supreme Court after consultation with the chief justice and other high court judges. It also outlines the key constitutional provisions and judicial pronouncements that established the collegium system for judicial appointments, where the Chief Justice of India and senior Supreme Court judges make recommendations to the President for appointments, elevations and transfers of judges. The document discusses the First Judges Case of 1982 which laid the foundation for the collegium system, giving the judiciary a primary role in appointments.
Supreme Court of India - Judgement on National Judicial Accountability Commis...sabrangsabrang
This document summarizes the events related to the recusal of Justice Anil R. Dave from hearing a set of cases challenging the validity of the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014. It notes that Justice Dave was originally presiding over the three-judge bench hearing the cases. However, after the Acts were notified and Justice Dave became a member of the National Judicial Appointments Commission, he recused himself from the five-judge bench hearing the matters. The document discusses the arguments made for and against Justice Jagdish Singh Khehar remaining on the reconstituted bench.
This document is a Supreme Court of India judgment regarding an appeal challenging a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). The appellant argued that the detention order should be quashed due to a 60-day delay in considering his representation. The court examined whether there is a conflict between two previous constitutional bench judgments regarding whether the central government must wait for an advisory board's decision before ruling on a representation. The court also considered whether illegible documents provided to the appellant in Chinese were grounds for quashing the order.
LHC restores Elahi as Punjab CM after assurance he won't dissolve assemblyGibran Ashraf
The Lahore High Court on Friday suspended an order of Governor Balighur Rehman to de-notify Chaudhry Parvez Elahi as the chief minister of Punjab after he assured the court that he will not dissolve the provincial parliament until the next hearing of the case on January 11.
Read the full story here: https://www.samaaenglish.tv/news/40023993/pakistan-lhc-restores-elahi-as-punjab-cm-after-assurance-he-wont-dissolve-assembly
The document is a Supreme Court of India case from 1999 regarding the validity of the Bar Council of India Training Rules. It discusses the arguments from both petitioners challenging the rules and the Bar Council of India defending the rules. The petitioners argued the rules exceeded the Bar Council's powers and violated rights to practice law. The Bar Council argued it had the authority to make the rules under the Advocates Act. The court had to determine if the rules were valid exercises of rule-making power or if they violated fundamental rights.
1. The petitions argue that the current process for appointing Election Commissioners violates Article 324(2) of the Indian Constitution by not having an independent and transparent selection process.
2. They request the Supreme Court to issue directions to establish an independent selection committee and criteria for appointments until Parliament enacts a law on the matter.
3. The petitioners contend that an independent Election Commission is necessary for democracy and free and fair elections, and that the lack of criteria in the current appointment process undermines the Commission's integrity and independence.
This document discusses four writ petitions related to the appointment process for Election Commissioners in India under Article 324 of the Constitution. It summarizes the key submissions of petitioners and respondents regarding the independence of the Election Commission and whether the Constitution requires reforms to the appointment process. The Court is considering whether Article 324 envisions an independent selection process and what the historical context and intent of the Constituent Assembly was in drafting the relevant provisions.
This document discusses four writ petitions related to the appointment process for Election Commissioners in India under Article 324 of the Constitution. It summarizes the key submissions of petitioners and respondents regarding the independence of the Election Commission and whether the Constitution requires reforms to the appointment process. The Court is considering whether Article 324 requires the appointment of Election Commissioners to have an independent and transparent selection system rather than being solely an executive function.
1) The petitioner, a Hindu personal law board, filed a public interest litigation seeking a writ of mandamus directing the central government to consider legislating a law regulating religious conversions similar to laws passed in Uttar Pradesh and other states.
2) The court discussed the doctrine of constitutional trust established by the Supreme Court, which separates the jurisdiction and powers of constitutional authorities.
3) The court cited Supreme Court precedent that courts have a limited role in legislation and cannot direct legislatures to make laws. Therefore, the petition seeking such a direction to consider legislation was not maintainable and dismissed.
The document discusses various writs under the Indian constitution:
Habeas corpus can be used to protect prisoners from mistreatment and allows someone other than the detained person to file on their behalf if unable. It has led to compensation for illegal detention and release of those detained without cause.
Mandamus is used to direct public authorities to fulfill mandatory duties and has led to refunds of taxes and carrying out orders. Quo warranto challenges the authority of those holding public office. Certiorari examines the jurisdiction of lower courts but does not change their judgments. Prohibition prevents legal proceedings that are without jurisdiction.
1) The petitioner filed a PIL seeking directions to ensure the rights and welfare of sanitation workers in Delhi are protected.
2) The court examined responses from the relevant commissions and government bodies, and found that protections like PPE, masks, gloves and training were being provided to sanitation workers.
3) The court directed the Delhi government to strictly follow legal provisions protecting sanitation workers and to take action on recommendations of the Delhi Commission for Safai Karamcharis within 60 days.
The document discusses the dismissal of petitions and assumption of suo motu jurisdiction regarding holding elections in Punjab and KPK provinces. It provides reasoning for the dismissal based on 3 grounds: 1) binding principles set regarding Article 184(3) jurisdiction, 2) caution needed in political matters to avoid bias appearances, and 3) conduct and intentions of political stakeholders approaching the court. It summarizes the political events and prior court proceedings that led to the petitions being filed. It concludes by reiterating that the Lahore High Court had already made a ruling and the Supreme Court should not undermine the High Court's competence by interfering.
1. The Supreme Court ruled in favor of the petitioner Lok Prahari in establishing mechanisms to monitor the financial affairs of legislators and determine if there has been any undue accumulation of assets.
2. The Court held that undue accumulation of assets by legislators undermines democracy and ordered the government to enact subordinate legislation defining undue accumulation as grounds for disqualification.
3. It also allowed the establishment of a body to regularly monitor legislators' financial records and assets, and mandated the disclosure of sources of income by candidates in nomination forms as per citizens' right to information.
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1. IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 1393 OF 2019
SHIV SENA AND ORS. …PETITIONERS
VERSUS
UNION OF INDIA AND ORS. …RESPONDENTS
ORDER
1. There is no gainsaying that the boundaries between the
jurisdiction of Courts and Parliamentary independence have been
contested for a long time.1
However, there is a need and
requirement for recognizing institutional comity and separation of
powers so as to tailor judicial interference in the democratic
processes only as a last resort. This case pertains to one such
situation, wherein this Court is called upon to adjudicate and
maintain democratic values and facilitate the fostering of the
citizens’ right of good governance.
2. Before we pass any orders, we need to make a brief reference to
the factual aspects giving rise to the petition herein. It was well
known that there existed a prepoll alliance between the
1 Erskine May, Parliamentary Practice, 25th
edition, 321 (2019).
1
REPORTABLE
Digitally signed by
GEETA AHUJA
Date: 2019.11.26
10:58:17 IST
Reason:
Signature Not Verified
2. Bharatiya Janata Party [for short ‘BJP’] and the Shiv Sena, who
contested the Fourteenth Maharashtra Legislative Assembly
elections jointly. On 24.10.2019, the results for the aforesaid
elections were declared and no single party had the requisite
majority in the House. On 09.11.2019, the Governor called upon
the BJP to indicate its willingness to form the Government, being
the single largest party with 105 seats. However, the BJP declined
to form the Government on 10.11.2019, as the alliance with the
Shiv Sena allegedly broke down.
3. Subsequently, the Governor invited the Shiv Sena to form the
Government. In this regard, the Shiv Sena is said to have shown
its willingness to stake a claim to form the Government, claiming
to have support of the majority. However, the aforesaid endeavor
was not fruitful either. Thereafter, the Governor’s effort to seek
the Nationalist Congress Party’s [for short ‘NCP’] willingness to
stake a claim to form the Government was also not successful.
Ultimately, the Governor recommended President’s Rule on
12.11.2019, which was imposed by a Presidential Proclamation on
the same day.
4. It is brought to our attention that the Petitioners, i.e., Shiv Sena,
NCP and the Indian National Congress [for short ‘INC’] were in
2
4. Government under the leadership of Shri.
Uddhav Thackeray;
…”
7. At this juncture, it is necessary to extract some of the prayers for
interim directions sought by the Petitioners in the present
petition:
“a. Issue appropriate directions in terms of
summoning a special session of the
Fourteenth Maharashtra Legislative
Assembly with the only agenda of
administering oath to the MLAs, immediately
followed by the holding of a floor test on
24.11.2019;
…
d. Issue appropriate directions in terms of the
order dated 24.02.1998 passed by this
Hon’ble Court in Jagadambika Pal (supra)
as well as Harish Chandra Singh Rawat
(supra) directing that the proceedings of the
House be video recorded and a copy of the
video recording be placed on record of this
Hon’ble Court;
e. Issue appropriate directions appointing a pro
tem Speaker to preside over the conduct of
the floor test;”
8. Further, the Petitioners have filed an affidavit indicating the
urgency and requirement for hearing the matter on 23.11.2019
itself. Accordingly, the Hon’ble Chief Justice was pleased to place
the matter before this Bench and the matter was heard on
24.11.2019 (Sunday) at 11:30 a.m. After hearing the parties, this
Court passed the following order:
“Issue notice.
4
5. It was brought to our notice by the learned
Senior counsels appearing for the petitioners
that they have served the respondents
through e.mail. However, there is no
representation for Respondent Nos.2, 3 and
4.
Mr. Tushar Mehta, learned Solicitor General
appearing for the Union of India is willing to
produce the relevant record, if necessary,
from the Governor also.
Mr. Mukul Rohatgi, learned Senior counsel
who is appearing for some BJP MLAs and
two independent MLAs, who are not parties
to this Writ Petition, opposed the
entertaining of the Writ Petition as well as
passing of any order.
We have taken note of all the arguments,
particularly the argument that the
Governor’s decision dated 23112019
inviting the Respondent No.3 to form a
Government on 23112019 is
unconstitutional. With regard to the second
prayer as at `b’, we are not going to consider
the same at present. As adjudication of the
issues and also the interim prayers sought
by the petitioners to conduct floor test within
24 hours has to be considered after perusing
the order of the Governor as well as the
letters submitted by Mr. Devendra Fadnavis
– Respondent No.3, even though none
appeared for the State Government, we
request Mr. Tushar Mehta to produce those
two letters by tomorrow morning at 10.30
a.m. when the matter will be taken up, so
that appropriate order will be passed.”
9. When the matter was taken up for hearing on 25.11.2019, the
Solicitor General of India, produced the letters in compliance of
the order of this Court dated 24.11.2019.
5
6. 10. Heard the learned counsel appearing for both sides.
11. The learned Senior Counsel for Petitioner No. 1, Mr. Kapil Sibal
submitted that prima facie, the action of the Governor revoking
President’s Rule at 5:47 a.m. and administering the oath of office
at around 8:00 a.m. reeks of mala fide. The learned Senior
Counsel further submitted that Respondent No. 4 was never
authorized to form the alliance with Respondent No. 3. Therefore,
Respondent No. 3 must prove his majority on the floor of the
House. For this purpose, as per established norms, the senior
most member must be called for assuming the role of protem
Speaker, after which there must be an open ballot and the same
should be captured in a video recording so as to ensure
transparency.
12. Agreeing with the aforementioned submissions, learned Senior
Counsel Dr. A.M Singhvi appearing for Petitioner Nos. 2 and 3
submitted that the Governor turned a blind eye by accepting the
proposal of formation of the Government put forth by Respondent
No. 3. The letter presented to the Governor, although allegedly
signed by 54 elected members of the NCP, was unaddressed and
did not have a covering letter or any other statement promising
their alliance to the BJP. In the aforesaid context, the sole
6
8. the Speaker. In light of the above, no interim order can be passed
in the aforesaid matter.
15. Lastly, learned Senior Counsel Mr. Maninder Singh appearing for
Respondent No. 4 vehemently contended that the jurisdiction
under Article 32 of the Constitution cannot be invoked in the
present matter and the Governor’s independence should be
respected.
16. We may note that, while the learned Solicitor General and learned
Senior Counsel Mr. Mukul Rohatgi sought additional time to file
affidavits in response, however we are of the opinion that the
same might not be necessary at this stage.
17. Having heard the submissions of the learned counsel on the
issues of maintainability, extent of judicial review and validity of
the Governor’s satisfaction, we are of the opinion that they can be
adjudicated at an appropriate time. There is no doubt that the
contentions have to be answered, as the petitioners have raised
questions concerning important constitutional issues touching
upon the democratic bulwark of our nation. However, at this
interim stage, we may note that it is imperative for this Court to
be cognizant of the need to take into consideration the competing
claims of the parties, uphold the democratic values and foster
constitutional morality.
8
10. Bommai v. Union of India, (1994) 3 SCC 1, wherein he held as
follows:
“395. The High Court, in our opinion, erred
in holding that the floor test is not
obligatory. If only one keeps in mind the
democratic principle underlying the
Constitution and the fact that it is the
Legislative Assembly that represents the
will of the people — and not the Governor
— the position would be clear beyond any
doubt….There could be no question of the
Governor making an assessment of his own.
The loss of confidence of the House was an
objective fact, which could have been
demonstrated, one way or the other, on the
floor of the House. In our opinion,
wherever a doubt arises whether the
Council of Ministers has lost the
confidence of the House, the only way of
testing it is on the floor of the House
except in an extraordinary situation where
because of allpervasive violence, the
Governor comes to the conclusion — and
records the same in his report — that for the
reasons mentioned by him, a free vote is not
possible in the House.”
(emphasis supplied)
21. This was also the opinion expressed by the Sarkaria Commission,
Rajmannar Committee and the unanimous opinion expressed by
the Committee of five Governors constituted by the President of
India. In the aforementioned judgment, B.P. Jeevan Reddy, J.,
quoted the observations of the Committee of Five Governors with
approval, as below:
10
11. “393.…The five Governors unanimously
recommended that “the test of confidence in
the Ministry should normally be left to a vote
in the assembly … Where the Governor is
satisfied, by whatever process or means, that
the Ministry no longer enjoys majority
support, he should ask the Chief Minister to
face the Assembly and prove his majority
within the shortest possible time… A Chief
Minister’s refusal to test his strength on the
floor of the Assembly can well be interpreted
as prima facie proof of his no longer enjoying
confidence of the legislature….”
22. Ex facie, Article 212 of the Constitution, relied on by the
Respondents, would have no application as it relates to validity of
proceedings in the Legislature of a State that cannot be called in
question in any court on the ground of any alleged irregularity of
procedure. Clause (2) states that no officer or member of the
legislature of a State, in whom powers are vested by or under the
Constitution for regulating the procedure, conduct of business or
for maintaining order, in the Legislature shall be subject to the
jurisdiction of any court in respect of exercise of those powers by
him. SubArticle (2) has no application because no act of any
officer or member of the Legislature of the State has been made
the subject matter of the present Petition before this Court. This
Court, nearly two decades back, in Jagdambika Pal v. Union of
India, (1999) 9 SCC 95, had passed an order, after hearing
11
12. counsel for the petitioner and the caveators, directing that a
special session of the Uttar Pradesh Assembly will be summoned/
convened after two days on 26.02.1998 with the following
directions:
“1. …
(ii) The only agenda in the Assembly would be
to have a composite floor test between the
contending parties in order to see which out
of the two contesting claimants of Chief
Ministership has a majority in the House.
(iii) It is pertinently emphasised that the
proceedings in the Assembly shall be totally
peaceful and disturbance, if any, caused
therein would be viewed seriously.
(iv) The result of the composite floor test
would be announced by the Speaker faithfully
and truthfully.
2. The result is expected to be laid before us
on 2721998 at 10.30 a.m. when this Bench
assembles again.
3. Ancillary directions are that this order
shall be treated to be a notice to all the MLAs,
leaving apart the notices the
Governor/Secretariat is supposed to issue. In
the interregnum, no major decisions would be
made by the functioning Government except
attending to routine matters, not much of any
consequence.”
12
13. 23. Six years later, in Anil Kumar Jha v. Union of India, (2005) 3
SCC 150, similar directions were passed by this Court after
recording and taking notice of events that had taken place and
few developments which were in the offing, as reported in the
media, to observe and direct as follows:
“5. Though many a relief has been sought for
in the writ petition, as also in the application
for grant of ex parte stay, for the present, we
are satisfied that a strong prima facie case on
the averments made in the petition duly
supported by affidavit, has been made out to
issue the following interim directions and we
order accordingly:
(1) The session of the Jharkhand State
Assembly has already been convened
for 1032005 on which day the newly
elected Members of the Legislative
Assembly shall be administered oath.
We direct the session to continue and
on 1132005 i.e. the next day and on
that day the vote of confidence to be
put to test.
(2) The only agenda in the Assembly on
1132005 would be to have a floor
test between the contending political
alliances in order to see which of the
political parties or alliance has a
majority in the House and hence a
claim for Chief Ministership.
13
14. (3) It is emphasised that the proceedings
in the Assembly shall be totally
peaceful, and disturbance, if any,
caused therein shall be viewed
seriously.
(4) The result of the floor test would be
announced by the pro tem Speaker
faithfully and truthfully.
(5) This order by the Court shall constitute
notice of the meeting of the Assembly
for 1132005 and no separate notice
would be required.
(6) Till 1132005 there shall be no
nomination in view of Article 333 of
the Constitution and the floor test
shall remain confined to the 81 elected
members only.
(7) We direct the Chief Secretary and the
Director General of Police, State of
Jharkhand to see that all the elected
Members of the Legislative Assembly
freely, safely and securely attend the
Assembly and no interference or
hindrance is caused by anyone
therein. Dr. A.M. Singhvi, learned
Senior Counsel appearing for the State
of Jharkhand through the Chief
Secretary and the Director General of
Police has very fairly assured the
Court that even otherwise it is the
duty of the State and its high officials
to take care to do so and the direction
made by the Court shall be complied
with in letter and spirit.”
14
17. 26. Lastly, we would refer to G. Parmeshwara v. Union of India,
(2018) 16 SCC 46, wherein identical directions were issued in
respect of formation of Government in the State of Karnataka to
test whether the Chief Minister so appointed enjoyed the majority
support of the House. Noticing the fact that the elected members
of the Legislative Assembly, as in the present case, were yet to
take oath and the Speaker was also not elected, the following
procedure was directed to be followed for conducting the floor
test:
“8…
(A) Protem Speaker shall be appointed for the
aforesaid purpose immediately.
(B) All the elected members shall take oath tomorrow
(1952018) and this exercise shall be completed
before 4.00 p.m.
(C) The Protem Speaker shall conduct the floor test
on 1952018 at 4.00 p.m. in order to ascertain the
majority and it shall not be by secret ballot and these
proceedings shall be conducted in accordance with
law.
(D) Adequate and sufficient security arrangements
shall be made and Director General of Police, State of
Karnataka will himself supervise the said
arrangements so that there is no lapse on this count
whatsoever.”
It was directed that the floor test would be conducted immediately
the next date, i.e., the date following the order.
17
18. 27. We may note that in the present case, oath has not been
administered to the elected members even though a month has
elapsed since the declaration of election results. In such emergent
facts and circumstances, to curtail unlawful practices such as
horse trading, to avoid uncertainty and to effectuate smooth
running of democracy by ensuring a stable Government, we are of
the considered opinion that it is necessary to pass certain interim
directions in this case. In this context, it is necessary and
expedient to conduct the floor test as soon as possible to
determine whether the Chief Minister, who was administered the
oath of office, has the support of the majority or not. Since the
elected members of the Legislative Assembly are yet to take oath
as specified in the III Schedule of the Constitution, and the
Speaker is also yet to be elected, we request the Governor of the
State of Maharashtra to ensure that a floor test be held on
27.11.2019. The following procedure is to be followed for
conducting the floor test:
a. Protem Speaker shall be solely appointed for
the aforesaid agenda immediately.
b. All the elected members shall take oath on
27.11.2019, which exercise should be
completed before 5:00 p.m.
c. Immediately thereafter, the Protem Speaker
shall conduct the floor test in order to
18