“Nothing will happen in the meantime. Matter had been heard by the bench and it is over for now, please allow the examination to be conducted”- this is the response of the bench comprising of Justices A. K. Sikri and R. Banumathi of Supreme Court of India, when a three-judge bench headed by Chief Justice T. S. Thakur conducted a special hearing on Saturday to deal with pollution in Delhi and did not allow the plea seeking urgent hearing for modification of the April 28 order passed by another bench with regard to the National Eligibility Entrance Test (NEET).The observation came when lawyers representing some students, said that the order on NEET needed to be modified as students who had prepared for the state-level entrance exams will find it difficult to prepare for the NEET in such a short span of time.The court, for the time being refused to entertain the plea and asked the lawyers concerned to file an application which would be heard by the regular bench, hearing … [Read more...] about The Careless ‘Unneat’ Supreme Court Order on NEET; Why is the Supreme Court of India not rendering natural justice?
Judgment supreme court of india
As 2015 is going to end soon and we are about to see the dawn of 2016, it is the apt time to have a relook at what all we did this year. For humans living in legal world, viz. Lawyers, reporters and Law student, it is apt time to re look at what Supreme Court said this year. What new interpretation of law did the Apex Court offer and what Law has been struck down? We at LiveLaw, have reported almost all the important Judgments delivered by the Supreme Court this year and twenty five most important Judgments can be read here ;- 1. NJAC held unconstitutional (Supreme Court Advocates on Record Association vs. Union of India) Within a year of both houses of Union Legislature passed much awaited National Judicial Appointments Commission Bill, the Supreme Court struck down the NJAC Act by 4:1. Justices J S Khehar, MB Lokur, Kurian Joseph and Adarsh Kumar Goel declared the 99th Amendment and NJAC Act unconstitutional while lone minority, Justice Chelameswar … [Read more...] about Best of 2015; Read 25 Significant Judgments delivered by Supreme Court of India this year
The judgment of the Supreme Court of India delivered in the case of National Legal Services Authority v. Union of India on 15th April 2014 by a Division Bench comprising Justices K. S. Radhakrishnan and Dr. A. K. Sikri is a historical decision which will be a mile stone in the area of gender justice in the country and will have long term impact in the coming times. The verdict is a great example of recognition of right to life with dignity and is also an example of unique judicial craftsmanship and creativity on the part of the apex constitutional court of the country which decides the legal destiny of the nation by interpreting its Constitution and the statutes which ultimately makes all courts and tribunals bound to follow the judgments of the Supreme Court as per the mandate of Article 141 of the Constitution. Though it was the duty of the Parliament to make a law on third gender and provide them necessary legal recognition, it is actually carried out by the Supreme Court in this … [Read more...] about Asserting the Human Dignity: The Judgment of the Supreme Court of India in NALSA Case
IntroductionTraditionally, an empirical work on the dissenting opinions of Judges in the Supreme Court of India has been fairly limited. This may be attributed to the uncertainty of methodology to collect data and produce the most reliable results to understand the pattern of judgment delivery system in the Supreme Court. To overcome this limitation, the present paper aims to argue the case for an empirical study on how judges exercise their legal acumen to come to an independent conclusion on particular disputes which ultimately affect the health of Indian democracy. How free and capable is an individual judge in the bench to express his/her democratic of dissent? Is the concurrence to ‘aristocratic consensuses’ of the bench habitual? What is the level of dissent across the bench over the last six decades in Supreme Court of India? Which Justices dissent more frequently than others? Is there any regular pattern of voting amongst the Justices of the Court when Chief Justice … [Read more...] about Dissenting Opinions of Judges in the Supreme Court of India
The Judgement of the Supreme Court of India in the case of KS Puttaswamy (Retd.) & Ors vs Union of India has rightly been heralded as a Constitutional Landmark in the ever-evolving horizon of Fundamental Rights Jurisprudence.Tracing the position of Law, right from the timeless opinion of William Pitt, The Elder, in Semaynes Case, to the expositions of Brandeis. J, in his famous article in The Harvard Law Review to the decisions of the United States Supreme Court in Olmstead, Griswold, Katz, Roe and finally concluding in the dictum in Jones, the 547 page judgement was absolutely thorough in approach and left no stone unturned.What it will be remembered for is, quite obviously, acknowledging that the ‘Right to Privacy’ exists specifically in Article 21 of the Constitution of India and in a manner, permeates the entire Chapter on Fundamental Rights in the Indian Constitution. The decision was absolute and emphatic, as it represented the … [Read more...] about Eugene Wambaugh’s Inversion Test And Its Applicability To The ‘Right To Privacy’ Judgement of the Supreme Court of India