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ED chargesheets Rahul Gandhi and Sonia Gandhi in National Herald case

1 week ago | barandbench.com | Prashant Jha

The Enforcement Directorate (ED) on Tuesday filed a prosecution complaint against Congress leaders Rahul Gandhi and Sonia Gandhi in the National Herald money laundering case. According to sources, Congress' Sam Pitroda and several others have also been named in the complaint. Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts considered the case today and said it will be heard next on April 25 for consideration on aspect of cognisance.
Basic Structure of Constitution here to stay even if there is a referendum: Justice KV Viswanathan

1 week ago | barandbench.com | Prashant Jha

The Supreme Court's Justice KV Viswanathan on Monday said that critics of the Basic Structure doctrine have not been able to come out with a strong theory to oppose it. Justice Viswanathan said he was fascinated by the soundness and logic of the Kesavananda Bharati case, which led to the birth of the Basic Structure doctrine.
Basic structure of Constitution being violated on a daily basis: Kapil Sibal

1 week ago | barandbench.com | Prashant Jha

Supreme Court Bar Association (SCBA) President and Senior Advocate Kapil Sibal on Monday said that the basic structure of the Indian Constitution is being violated on a daily basis. He added that while the 'Basic Structure doctrine' is here to stay, it could be hollowed out by amending or enacting laws and there is no requirement to bring in a Constitutional amendment to impinge upon Basic Structure.
If Basic Structure doctrine goes, we could see Jallianwala Bagh again: Justice Rohinton Nariman

1 week ago | barandbench.com | Prashant Jha

Justice Nariman was speaking at the release of his book 'The Basic Structure Doctrine'. "The endeavor of this book is that this doctrine [basic structure] has come to stay, it can never go. And if by chance, if it ever goes, then God help this country. Jallianwala Bagh becomes a distinct possibility," Justice Nariman said. Justice Nariman in his speech spoke in detail about the Basic Structure doctrine which finds it origin in the landmark Supreme Court judgment of Kesavananda Bharati v.
Calcutta High Court orders CAPF deployment in Murshidabad to contain clashes over Waqf Amendment Act

1 week ago | barandbench.com | Prashant Jha

The Calcutta High Court on Saturday ordered the deployment of Central Armed Forces in West Bengal’s Murshidabad where protests against the Waqf Amendment Act spiralled into violence, killing at least three people. A Bench of Justices Soumen Sen and Raja Basu Chowdhury said that the measures taken by the State government have not been adequate and action has to be taken on a war footing to arrest the rioters.
Why Supreme Court said its timelines for Governors to act on bills does not amount to amending Constitution

1 week ago | barandbench.com | Sofi Ahsan

In a landmark verdict, the Supreme Court recently prescribed a timeline within which a Governor must act on the bills presented to him by the state legislatures, ruling that failure to adhere to this timeline would be subject to judicial review by the courts. Article 200 of the Constitution explains the course of action the Governor is required to take when a bill, passed by a state legislature is presented to him for assent.
Scant respect to Court, influenced by extraneous considerations: Supreme Court slams TN Governor RN Ravi

1 week ago | barandbench.com | Murali Krishnan

In the judgment outlining and circumscribing the powers of the Governor and President when it comes to dealing with bills passed by the State legislature, the Supreme Court took strong exception to the conduct of Tamil Nadu Governor RN Ravi in this regard. A Bench of Justices JB Pardiwala and R Mahadevan said that the Governor kept ten bills pending with him for unduly long periods in violation of the principles laid down by the Court in the Punjab Governor's case in November 2023.
Governors case verdict: Supreme Court limits President's powers on withholding bills passed by State

1 week ago | barandbench.com | Prashant Jha

The Supreme Court of India on April 8 delivered a landmark decision outlining the powers and responsibilities of the Governors regarding the bills presented to them by a State legislature for a decision under Article 200 of the Constitution of India [The State of Tamil Nadu v The Governor of Tamil Nadu and Anr].
Only 12% of sitting Supreme Court and High Court judges have made their assets public

2 weeks ago | barandbench.com | Prashant Jha

The Supreme Court of India recently said that all its serving judges and the judges appointed in future will on the top court’s website. The decision came in the wake of the controversy surrounding the allegations against Justice Yashwant Varma. A fire had allegedly led to the discovery of a massive pile of cash at the judge’s Delhi residence. However, this is not the first effort by the top court to make judges of the higher judiciary make their wealth public.
Allahabad High Court blames rape victim

2 weeks ago | barandbench.com | Sofi Ahsan

The Allahabad High Court recently remarked that a woman herself had invited trouble and was responsible for the alleged rape committed against her [Nischal Chandak v. State of UP]Justice Sanjay Kumar Singh made this comment while granting bail to an accused who was arrested in December 2024 for alleged rape of a woman he had met at a bar in Hauz Khas, Delhi.