Tag: article 32

A New Lease on Life: Supreme Court Allows Death Penalty Review Based on New Mitigation Guidelines
29Sep By The Legal ChamberNo Comments
Supreme Court

A New Lease on Life: Supreme Court Allows Death Penalty Review Based on New Mitigation Guidelines

This Supreme Court judgment holds that its extraordinary power under Article 32 of the Constitution can be invoked to reopen the sentencing stage in death penalty cases that have attained finality. This is permissible to remedy a clear breach of the procedural safeguards for individualized sentencing mandated in Manoj v. State of M.P., which are integral to the fundamental rights under Articles 14 and 21. The Court clarified that such judicial declarations operate retrospectively. Facts Of The Case: The case concerns the petitioner, Vasanta Sampat Dupare, who was convicted and sentenced to death for the 2008 kidnapping, sexual assault, and murder of a four-year-old girl in Nagpur. His conviction and death sentence were confirmed by the High Court in 2012 and ultimately upheld by the Supr...
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Beyond Impeachment: Supreme Court Validates Its Internal Mechanism for Judicial Misconduct
9Sep By The Legal ChamberNo Comments
Supreme Court

Beyond Impeachment: Supreme Court Validates Its Internal Mechanism for Judicial Misconduct

The Supreme Court upheld the constitutionality of the 'In-House Procedure' for investigating allegations of judicial misconduct. It ruled that the mechanism, which can recommend a judge's removal, is a valid exercise of the CJI's authority under the Judges (Protection) Act, 1985, and does not violate the constitutional scheme for impeachment. Facts Of The Case: In March 2025, a fire broke out in the store-room of a Delhi High Court judge's official bungalow while he was away. During efforts to douse the flames, officials discovered burnt currency notes on the premises. This discovery raised serious suspicions of misconduct, potentially violating the values outlined in the Restatement of Judicial Life. Consequently, the Chief Justice of the Delhi High Court sought an explanation from the ...
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Who Pays for Unpaid Power Bills? Supreme Court Explains ‘Regulatory Asset’ Mess and Orders a Fix
6Sep By The Legal ChamberNo Comments
Supreme Court

Who Pays for Unpaid Power Bills? Supreme Court Explains ‘Regulatory Asset’ Mess and Orders a Fix

The Supreme Court ruled that Regulatory Assets, while a valid regulatory tool, must be created only in exceptional circumstances and liquidated in a time-bound manner. It upheld the legal framework under the Electricity Act, 2003, and directed strict adherence to the newly inserted Rule 23 of the Electricity Rules, which mandates a maximum 3% gap in revenue and a 7-year liquidation period for existing assets. The judgment emphasizes the duty of Regulatory Commissions to ensure cost-reflective tariffs and affirms APTEL's power under Section 121 to issue directions against regulatory failure. Facts Of The Case: The case originated from petitions and appeals filed by three private power distribution companies (Discoms) in Delhi—BSES Rajdhani, BSES Yamuna, and Tata Power Delhi—agains...
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Supreme Court Judgment: Banks Can Classify MSME Loans as NPA Without Prior “Stress Identification”
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Judgment: Banks Can Classify MSME Loans as NPA Without Prior “Stress Identification”

The Supreme Court held that the obligation to identify incipient stress under the MSME Rehabilitation Framework is not a mandatory precondition for a bank to classify an account as an NPA or issue a demand notice under the SARFAESI Act. The benefit of the Framework must be actively claimed by the MSME borrower in response to a notice under Section 13(2), supported by an affidavit, which then obligates the bank to consider the claim and pause recovery actions. Facts Of The Case: An MSME-registered enterprise, Shri Swami Samarth Construction & Finance Solution, had availed a loan from NKGSB Co-operative Bank. Upon defaulting on repayments, its account was classified as a Non-Performing Asset (NPA). The bank's authorized officer subsequently issued a demand notice under Section 13(2) of...
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Supreme Court Orders Digital Portal & Patrol Teams to Curb Illegal Occupations on National Highways
5Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Orders Digital Portal & Patrol Teams to Curb Illegal Occupations on National Highways

The Supreme Court issued directives under Article 32 to strengthen implementation of the Control of National Highways Act, 2002, emphasizing statutory obligations to prevent highway encroachments. It mandated grievance redressal mechanisms (portal/toll-free number), regular inspections, and surveillance teams while underscoring the Highway Administration's duty to enforce Section 26 (removal of unauthorized occupation). The judgment established procedural safeguards for encroachment removal and ordered Standard Operating Procedures for transparency, affirming judicial oversight through continuing mandamus to ensure compliance with road safety norms. Facts Of The Case: The writ petition was filed by Gyan Prakash under Article 32 of the Constitution, highlighting alarming road fatalities (...
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