Constitutional Law - The Legal Chamber

Conservation or Cruelty? Supreme Court Steps In to Save Delhi’s Deer From Faulty Relocation Plan

12Feb

By The Legal ChamberNo Comments

Supreme Court

Conservation or Cruelty? Supreme Court Steps In to Save Delhi’s Deer From Faulty Relocation Plan

The Supreme Court found prima facie violations of the Wild Life (Protection) Act, 1972, CZA norms, and IUCN translocation guidelines. It directed the Central Empowered Committee to conduct an independent scientific assessment of carrying capacity, post-release survival, and regulatory compliance. The Court prohibited further translocation pending expert evaluation, emphasizing constitutional duties under Articles 48A, 51A(g), and 21. Facts Of The Case: The A.N. Jha Deer Park, established in 1968 by the Delhi Development Authority in Hauz Khas, New Delhi, operated as a captive zoo facility under a license issued by the Central Zoo Authority under the Wild Life (Protection) Act, 1972. Despite repeated extensions and warnings, evaluation reports from 2014 to 2022 revealed persistent non-com...

Supreme Court Takes Charge: Major Order to Save Rajasthan’s Polluted Rivers

10Feb

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Takes Charge: Major Order to Save Rajasthan’s Polluted Rivers

The Supreme Court affirmed that the right to life under Article 21 encompasses a pollution-free environment. Criticizing prolonged state inaction, the Court modified an interim stay on NGT orders to allow enforcement of remedial measures. It constituted a High-Level Oversight Committee to ensure time-bound implementation, underscoring the constitutional duty to protect public health and ecology. Facts Of The Case: The case originated from severe and long-standing industrial and sewage pollution in the Jojari, Bandi, and Luni river system in Rajasthan, endangering the health and livelihoods of nearly two million people. The Supreme Court took suo moto cognizance in September 2025 based on a documentary highlighting the crisis. This matter was clubbed with several pending civil appeals aga...

SARFAESI Act vs EPF Act: Supreme Court Says Provident Fund Charge Prevails Over Bank

9Feb

By The Legal ChamberNo Comments

Supreme Court

SARFAESI Act vs EPF Act: Supreme Court Says Provident Fund Charge Prevails Over Bank

This Supreme Court judgment interprets the interplay between the priority of secured creditors under Section 26E of the SARFAESI Act and the statutory first charge for provident fund dues under Section 11(2) of the EPF & MP Act. The Supreme Court held that the statutory first charge for provident fund contributions overrides the priority granted to secured creditors, even under a non-obstante clause in a later enactment. Facts Of The Case: The appellant, Jalgaon District Central Co-operative Bank Ltd., is a secured creditor which had advanced loans to a co-operative sugar society, secured by a mortgage and hypothecation of the society's assets. The sugar factory became defunct, leading to loan defaults. The bank initiated recovery under the SARFAESI Act, took possession o...

Supreme Court Orders Uniform National Policy for Organ Donation & Transplantation

7Feb

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Orders Uniform National Policy for Organ Donation & Transplantation

The Supreme Court, exercising its jurisdiction under Article 32, issued comprehensive directions to ensure uniformity in India's organ transplantation framework. It mandated the adoption of the 2011 Amendment and 2014 Rules by all States, and directed the formulation of a uniform national policy for allocation, swap transplantation, and live donor welfare to prevent discrimination and commercialization. Facts Of The Case: The Writ Petition was filed by the Indian Society of Organ Transplantation, highlighting systemic deficiencies in India's organ donation and transplantation ecosystem. The petitioner argued that the lack of uniform adoption of the Transplantation of Human Organs (Amendment) Act, 2011, and the Transplantation of Human Organs and Tissues Rules, 2014, by certai...

Supreme Court Allows Ex-Post Facto Environmental Clearance: A Major Shift in Environmental Law

6Feb

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Allows Ex-Post Facto Environmental Clearance: A Major Shift in Environmental Law

The Supreme Court, in a review petition, reversed its earlier judgment by allowing the recall of the ban on ex-post facto environmental clearances. The Court ruled that the Environment (Protection) Act, 1986 does not absolutely prohibit such clearances and that they may be granted in exceptional cases after applying the principle of proportionality and the polluter pays principle. The bench emphasized that a balanced approach, weighing ecological damage against economic and public interest, must be adopted. Facts Of The Case: The case originates from legal challenges to a 2017 notification and a 2021 office memorandum issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). These instruments created a framework for granting ex-post facto Environmental Clearance (EC...

Alternative Remedy Rule Strengthened: Supreme Court Says Writ Petition Not Maintainable If Appeal to High Court Was Available

2Feb

By The Legal ChamberNo Comments

Supreme Court

Alternative Remedy Rule Strengthened: Supreme Court Says Writ Petition Not Maintainable If Appeal to High Court Was Available

This Supreme Court judgment reiterates the principle that the existence of an alternative statutory remedy, especially one before the High Court itself, is a valid ground for refusing to exercise writ jurisdiction under Article 226 of the Constitution. It emphasizes that discretionary writ relief is generally unavailable where a litigant has, through their own fault, failed to exhaust an equally efficacious alternative forum provided by statute. Facts Of The Case: The appellant, Rikhab Chand Jain, faced proceedings concerning 252.177 kg of allegedly smuggled silver seized on September 27, 1992. The Additional Collector of Customs, respondent no. 3, ordered the confiscation of the silver and imposed a penalty of Rs. 50,000 on the appellant via an order dated May 7, 1996. The appellant app...

Supreme Court Closes Contempt Case, Emphasizes Lawyers’ Responsibility as “Officers of the Court”

31Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Closes Contempt Case, Emphasizes Lawyers’ Responsibility as “Officers of the Court”

In this suo moto contempt proceeding, the Supreme Court strongly deprecated the growing trend of lawyers making scandalous allegations against judges in pleadings. Reaffirming that an advocate's overriding duty is to the court as its officer, the Court cautioned that subscribing to such pleadings amounts to contempt. However, accepting the unconditional apology tendered before the concerned High Court Judge, it closed the proceedings. Facts Of The Case: In a criminal transfer petition (TP(Crl.) No. 613 of 2025) filed before the Supreme Court, the pleadings contained scurrilous and scandalous allegations against a sitting Judge of the Telangana High Court. When the bench expressed its displeasure, the petitioner's counsel sought to withdraw the petition. The Court, however, refused permis...

Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice

28Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice

This Supreme Court judgement reinforces that for land to vest as a "private forest" under the Maharashtra Private Forests Acquisition Act, 1975, a valid notice under Section 35(3) of the Indian Forest Act must be properly served on the owner, initiating a live statutory process. Mere issuance or a stale, dormant notice from decades past is insufficient to trigger acquisition. The Supreme Court underscored strict compliance with this mandatory procedure and the binding nature of its precedent under Article 141 of the Constitution. Facts Of The Case: The appellants are landowners in Maharashtra whose properties were claimed by the State to have been declared "private forests" and automatically vested in the government on 30 August 1975 under the Maharashtra Private Forests Acqu...

Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling

21Jan

By The Legal ChamberNo Comments

Supreme Court

Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling

The Supreme Court held that the constitutional mandate under Article 22(1) requires the grounds of arrest to be furnished in writing to the arrestee in a language they understand, without exception, for all offences. Failure to do so renders the arrest and subsequent remand illegal, subject to a limited exception for certain in-the-moment offences where written grounds must be supplied at least two hours before the remand hearing. Facts Of The Case: On July 7, 2024, a white BMW, allegedly driven at high speed by Mihir Rajesh Shah, collided violently with a scooter from behind in Worli, Mumbai. The impact threw the scooter's male rider to the side and trapped his wife under the front left wheel and bumper of the car. Despite this, the driver allegedly continued driving, draggi...

No Hiding Criminal Past: Supreme Court Says Undisclosed Conviction Makes Election Null & Void

20Jan

By The Legal ChamberNo Comments

Supreme Court

No Hiding Criminal Past: Supreme Court Says Undisclosed Conviction Makes Election Null & Void

The Supreme Court held that a candidate's non-disclosure of a subsisting criminal conviction in the mandatory election affidavit, as required under Rule 24-A of the relevant rules, constitutes a fundamental breach. This failure vitiates the nomination process itself, rendering the election void under Section 22(1)(d) of the M.P. Municipalities Act, as it violates the voters' constitutional right to informed choice under Article 19(1)(a). Facts Of The Case: The petitioner, Poonam, was elected as a Councillor from Ward No. 5 of Nagar Parishad, Bhikangaon in October 2022. However, her election was challenged by the first respondent, Dulesingh, on the ground that she had failed to disclose a previous conviction in her nomination affidavit. Specifically, on August 7, 2018, Poonam ...