Analysis and Anatomy of Electoral Bond Judgment
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 17
unconstitutional
Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution
The 5-Judge Constitution Bench heard a batch of cases challenging the controversial electoral bonds scheme over three days, before reserving the verdict in November.
Explained| Supreme Court verdict upholding constitutional validity of provisions relating to Personal Guarantors in IBC
“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”
75% quota for Haryana residents in private sector jobs unconstitutional: Punjab and Haryana High Court
Punjab and Haryana High Court opined that the restrictions imposed through the 2020 Act have far reaching effect and cannot be held to be reasonable in any manner.
Supreme Court refuses to interfere with Calcutta HC order holding Notification altering stage carriage permits as constitutional
In the case at hand, because of the impugned notification, the stage carriage permit holders were required to stop at two new bus stations in Burdwan Town, instead of the old bus station where they were used to stop.
Adibasi Kudmi Samaj’s indefinite protest by blocking railways and roadways “Illegal and unconstitutional”; Calcutta High Court directs State to ensure law and order
Calcutta High Court held that Adibasi Kudmi Samaj and its members do not possess a vested right to block roadways and railways, causing inconvenience to both the residents of the four West Bengal districts.
Supreme Court upholds the constitutionality of R. 4(10) and R.7(3) of Rajasthan Minor Mineral Concession Rules
Supreme Court reiterated that there is no right vested over an application made which is pending seeking lease of a Government land or over the minerals beneath the soil in any type of land over which the Government has a vested right and regulatory control.
“Voter’s right to know election candidate’s full background is an added dimension to rich tapestry of Constitutional jurisprudence”; SC dismisses BB Patil’s appeal
The alleged non-compliance with statutory and Election Commission mandated regulations, and their legal effect, cannot be examined through a summary proceeding under Order VII Rule 11, CPC, or even under Order XII Rule 6, CPC.
“Offends transgender persons’ right to privacy as well as right to dignity”; Telangana High Court declares Telangana Eunuchs Act, 1329 Fasli as unconstitutional
“Constitutional morality impacts upon any law which deprives the LGBT individuals of their entitlement to a full and equal citizenship. LGBT individuals living under threats of conformity grounded in cultural morality have been denied basic human existence. Constitutional morality does not permit such discrimination and must supersede cultural morality.”
Reservation in favour of residents of a State permissible, but wholesale reservation unconstitutional; Supreme Court reiterates
Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation
Procedures for empanelment of lawyers in Banks not in compliance with Constitutional mandate; Madras HC directs Nationalised Banks to reform their system of selection
Madras High Court said that whether it is contractual employment, temporary engagements or otherwise, the procedure to be adopted by Banks must be transparent and in compliance with the mandates of the Constitution.
First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court
Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.
Delhi High Court dismisses PIL challenging notification allowing Sikhs to carry Kirpans on flights; says it is a policy decision
The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.
Supreme Court upholds Centre’s decision of demonetising Rs. 500 and Rs. 1000 currency notes
Supreme Court: In a petition against the demonitisation of Rs. 500 and Rs. 1000 currency notes in 2016, the Constitution Bench of
Patna High Court | Sections 2, 3, 4 and 5 of Bihar Municipal (Amendment) Act, 2021 run contrary to Bihar Municipal Act, 2007 and 74th Constitutional Amendment Act, 1992; held unconstitutional
Patna High Court: A Division Bench of Sanjay Karol, C.J. and S. Kumar, J. declared Bihar Municipal (Amendment) Act, 2021
Chairman of the Vidhan Parishad not bound to recognise the leader of opposition party having the greatest numerical strength; Allahabad High Court upholds notification withdrawing recognition of Lal Bihari Yadav as Leader of Opposition in UP Legislative Council
Allahabad High Court: In a proceeding initiated by member of the UP Legislative Council- Lal Bihari Yadav, under Article 226
Excluding married daughters from compassionate appointment violative of Art. 14, 15 and 16; Rajasthan High Court overrules judgments supporting exclusion
Yardstick, for extending the benefit of compassionate Appointment should be dependency of the dependents on the deceased government servant and, therefore, their marital status only should not be an impediment for consideration on compassionate ground.
Ori HC | Whether Proviso to Sub-Section (5) of S. 43 of Real Estate (Regulation and Development) Act, 2016 is ultravires of Constitution of India? HC denies
Orissa High Court: A Division Bench of S.K. Mishra and Savitri Ratho, JJ., dismissed the petition being devoid of merits. The instant
Guj HC | Two finger test violates the right of victim to privacy, physical and mental integrity and dignity; held unconstitutional
Two Finger test Held — Unconstitutional Gujarat High Court: A Division Bench of J.B. Pardiwala and Bhargav D. Karia, JJ., while deciding
[GST] Madras HC | Composition of GST Appellate Tribunal is unconstitutional; Tribunals which primarily decide disputes between State and citizens cannot be run by a majority consisting of non-judicial members
“Constitution of GST Appellate Tribunal is unconstitutional.” Madras High Court: A Division Bench comprising of S. Manikumar and Subramonium Prasad, JJ., while