Browsing: Constitutional Law

The Supreme Court will hear a Presidential Reference on July 22, 2025, to clarify the roles of Governors and the President in granting assent to Bills under Articles 200 and 201. The case follows a Tamil Nadu ruling that set timelines for assent and raised debates on judicial power. Key questions include whether Governors and the President must follow ministerial advice, if their discretion is justiciable, and whether courts can set timelines. The outcome will shape federal relations, legislative processes, and the balance between executive and judicial powers.

The Supreme Court of India has granted high courts a final eight-week extension to file compliance reports on providing adequate toilet facilities in courts and tribunals, reinforcing sanitation as part of the right to life under Article 21. A bench of Justices JB Pardiwala and R Mahadevan warned that failure to comply will result in Registrar Generals being summoned personally.

This directive follows the Court’s January verdict highlighting critical gaps in judicial infrastructure. So far, only five high courts—Jharkhand, Madhya Pradesh, Calcutta, Delhi, and Patna—have filed reports outlining audits and upgrades. The Court’s firm stance signals possible contempt proceedings for non-compliance, emphasizing accountability and the judiciary’s commitment to ensuring dignity and accessibility in court premises.

The Supreme Court has raised “serious doubts” over the Election Commission’s decision to conduct a ‘special intensive revision’ of Bihar’s electoral rolls just months before the 2025 Assembly elections. A bench questioned the timing, legal basis, and impact on voters, warning that eligible citizens could be disenfranchised without time to appeal. The Court also asked why Aadhaar is excluded as valid ID, suggesting it should be allowed. It sought clarity on the legal authority for such a revision, as only ‘summary’ and ‘intensive’ revisions are recognized. The case will shape future electoral roll practices in India.

The Supreme Court has agreed to hear Karnataka’s plea challenging a High Court ruling that applied the Pankaj Bansal v. Union of India (2024) judgment retrospectively. In Pankaj Bansal, the Court held that written grounds of arrest must be furnished to the accused at the time of arrest. Karnataka argues this rule applies prospectively, not to arrests before October 3, 2023. The State also cited Ram Kishor Arora v. ED (2024), where the Court held non-furnishing of grounds before Pankaj Bansal was not illegal. The case, listed for July 18, 2025, will clarify whether such safeguards apply retrospectively.