Tag: Constitutional Law

Supreme Court Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting

The Supreme Court held that a Judicial Magistrate is empowered to direct any person, including a witness, to provide a voice sample for investigation. Relying on the principle in Kathi Kalu Oghad and Ritesh Sinha, the Court ruled that such sampling does not constitute testimonial compulsion and does not violate the right against self-incrimination under Article 20(3) of the Constitution. Facts Of The Case: The case arose from the death of a 25-year-old married woman in February 2021, leading to allegations of harassment by her in-laws and counter-allegations of misappropriation of cash and jewellery by her parents. During the investigation, it was alleged that the 2nd respondent acted as an agent for the deceased's father and threatened a witness privy to an extortion demand. The Investi...
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Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case

This Supreme Court judgment affirms that claims of juvenility under the Juvenile Justice Act, 2000 can be raised at any stage, even post-conviction. The Court held that a juvenile offender cannot be detained beyond the statutory maximum period prescribed under the Act, and such excess detention violates Article 21 of the Constitution. Facts Of The Case: The petitioner, born on 10th June 1969, was convicted for a murder allegedly committed on 2nd November 1981, when he was approximately 12 years and 5 months old. The trial court, in its 1984 order, recognized his juvenility under the Children Act, 1960 and directed his placement in a children's home instead of prison. Following a reversal of his acquittal by the Supreme Court in 2009, the petitioner absconded and was subsequently arrested...
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Supreme Court Allows Older Couples to Continue Surrogacy if Embryos Frozen Before 2022
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Older Couples to Continue Surrogacy if Embryos Frozen Before 2022

The Supreme Court held that the age restrictions under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021, do not apply retrospectively. Intending couples who had commenced the surrogacy process—specifically by creating and freezing embryos—before the Act's enforcement retain their vested right to continue the procedure, irrespective of subsequently exceeding the statutory age limits. Facts Of The Case: The case consolidates three petitions concerning age restrictions for intending couples under the Surrogacy (Regulation) Act, 2021. In the first, a couple married in 2019 began IVF treatment in 2020 but were advised to use surrogacy due to the wife’s medical history. Their embryos were frozen in January 2021, but the process was stalled by the pandemic before the Act, with its a...
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Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post

This Supreme Court Constitution Bench judgment reinterpreted Article 233(2) of the Constitution. It held that judicial officers are not barred from applying for the post of District Judge through direct recruitment. The Court clarified that the seven-year practice requirement under Article 233(2) applies only to candidates not already in judicial service, thereby overruling contrary precedents like Dheeraj Mor. Facts Of The Case: The case arose from a batch of petitions challenging the interpretation of Article 233 of the Constitution, which governs the appointment of District Judges. The core dispute was whether a person already in the state judicial service (a Civil Judge) could apply for the post of District Judge through direct recruitment, a stream historically reserved fo...
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Supreme Court Opens Direct Recruitment for District Judges to In-Service Judicial Officers
25Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Opens Direct Recruitment for District Judges to In-Service Judicial Officers

Supreme Court , This Constitution Bench judgment overruled prior rulings from Satya Narain Singh to Dheeraj Mor, holding that Article 233(2) of the Constitution does not bar in-service judicial officers from direct recruitment to District Judge posts. It clarifies that eligibility is determined at the time of application and requires a combined seven-year experience as an advocate and judicial officer. Facts Of The Case: The batch of matters arose from conflicting interpretations of Article 233 of the Constitution regarding the eligibility of in-service judicial officers (Civil Judges) for direct recruitment to the post of District Judge. The core legal controversy was triggered by the Supreme Court's earlier decision in Dheeraj Mor v. High Court of Delhi (2020), which held that for di...
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Supreme Court Issues Landmark Directions in Long-Pending PIL, Sets 7-Month Deadline for Compliance
29Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Issues Landmark Directions in Long-Pending PIL, Sets 7-Month Deadline for Compliance

Based on the proceedings, the Supreme Court has issued a series of substantive directions in a long-pending writ petition. The legal focus is on monitoring compliance with these judicial mandates, with the Court retaining continuing jurisdiction. The matter is scheduled for a future hearing specifically to review the implementation of its orders and assess further progress. Facts Of The Case: Based on the provided court proceeding document, which is a record of the pronouncement of an order and not the full case file, the specific facts and history of the case are not detailed. However, the document header identifies it as Writ Petition (Civil) No. 295 of 2012, filed by S. Rajaseekaran against the Union of India and Others.The case is categorized under "PIL-W", indicating it was filed as...
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Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good
29Nov By The Legal ChamberNo Comments
Supreme Court

Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good

The Supreme Court ruled that a man-made lake constructed for irrigation is not a statutory "wetland" under the 2017 Rules, exempting it from a complete ban on permanent construction. However, the Court applied the Public Trust Doctrine, extending its protection to such artificial water bodies and prohibiting permanent structures to ensure ecological balance and public use. Facts Of The Case: The appellant, Swacch Association, an environmental organization, filed a Public Interest Litigation before the Bombay High Court challenging various construction and recreational projects in and around the Futala Lake in Nagpur. The association argued that the lake was a protected 'wetland,' and that the construction of a Viewer's Gallery on its bank, the installation of a Musical Fountain and an ar...
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Supreme Court Quashes Chhattisgarh’s Tender Rule, Upholds “Level Playing Field” for Businesses
29Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Chhattisgarh’s Tender Rule, Upholds “Level Playing Field” for Businesses

The Supreme Court struck down a tender condition requiring prior supply experience within Chhattisgarh as violative of Articles 14 and 19(1)(g) of the Constitution. The condition was held arbitrary for creating an artificial barrier, restricting competition, and offending the doctrine of a level playing field without a rational nexus to the tender's object. Facts Of The Case: The appellant, Vinishma Technologies Pvt. Ltd., a company with experience supplying Sports Kits to various other states, challenged specific eligibility conditions in three tender notices issued by the State of Chhattisgarh for the supply of Sports Kits to government schools. The company was aggrieved by condition no. 4, which required bidders to have supplied sports goods worth at least Rs. 6.00 crores to Sta...
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Supreme Court’s One-Time Relief: Telangana Allowed to Appoint Judges Despite Rule Dispute
22Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s One-Time Relief: Telangana Allowed to Appoint Judges Despite Rule Dispute

The Supreme Court disposed of appeals challenging the constitutional validity of the Telangana State Judicial Service Rules, 2023. While keeping all legal questions open, it granted a one-time exception, directing the High Court to declare results and appoint the qualified appellants without treating the order as a precedent, thereby resolving the immediate recruitment impasse. Facts Of The Case: The case originated from a recruitment process for District Judges in Telangana. The appellants, advocates, had applied in April 2023 under the then-existing rules. However, in June 2023, the state introduced new rules, the Telangana State Judicial Service Rules, 2023. A key provision, Rule 5(5.1)(a), restricted eligibility to advocates who had been practicing specifically in the High Court of T...
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Wrong Rules, Right Candidate: Supreme Court Reinstates Teacher, Secures Job for Rival Too
21Nov By The Legal ChamberNo Comments
Supreme Court

Wrong Rules, Right Candidate: Supreme Court Reinstates Teacher, Secures Job for Rival Too

This Supreme Court judgment clarifies that the statutory rules applicable at the time of an advertisement govern the selection process. The Supreme Court held that applying a different set of service rules, which were not referenced in the advertisement, to invalidate a duly made appointment to an aided educational institution is illegal. The Court emphasized that the legality of an appointment must be tested against the rules that initiated the selection. Facts Of The Case: The case originated from a 2006 advertisement issued by an aided college to fill a Lecturer post in History, governed by the Assam Government Aided Junior College Management Rules, 2001, which prescribed no age limit. The appellant, Jyotsna Devi, was selected as the most meritorious candidate. Although she was overag...
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