Constitutional Validity - The Legal Chamber

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 ...

The Supreme Court ruled that states have the legislative competence to levy entertainment tax on DTH services under Entry 62, List II (State List) of the Constitution, as the tax is on the "entertainment" aspect, not the broadcasting service. The Court upheld the "aspect doctrine", allowing simultaneous taxation by states (on entertainment) and the Centre (on broadcasting services under Entry 97, List I), provided the levies target distinct aspects of the same transaction. It rejected arguments of legislative overlap, emphasizing the pith and substance of state laws as valid exercises of taxing power. Facts Of The Case: The case involved multiple civil appeals and writ petitions challenging the constitutional validity of state laws imposing entertainment tax on Direct-to-Home (DTH) broad...

Tag: Constitutional Validity

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

Breaking Down the Supreme Court Judgment on DTH Services & Tax Dispute