SANJAY K KAUL
Friction between judiciary, executive good for checks and balances: Ex-SC judge S K Kaul
Former Supreme Court judge Sanjay Kishan Kaul highlighted the importance of a little friction between the judiciary and the executive to maintain checks and balances in a democracy. Speaking at an event to confer the Sansad Ratna Awards on parliamentarians, Justice Kaul emphasized the role of the judiciary in ensuring checks and balances, especially in a democracy where governments often have less than 50% of the votes. The awards were given to parliamentarians and committees for their outstanding performance in the 17th Lok Sabha.
Issue of air pollution sometime becomes political: Former SC judge S K Kaul
"A number of things have been done. But the proof of pudding lies in eating it. The problem is that it (air pollution) is also sometimes taken as a political issue," he told PTI in an interview on Friday. Justice Kaul said the union government had formed a committee under the cabinet secretary to look into the issue of air pollution and meetings were conducted among stakeholders, including the states.
NJAC never given chance to work, led to friction in functioning of collegium: Justice S K Kaul
Justice Kaul, who was a member of the Supreme Court collegium for over a year, said one has to accept there is a problem with the collegium system and it will be "unrealistic" to say that it is working smoothly. At present, he added, the collegium system is the law of the land and it must be implemented as it stands.
Article 370: Supreme Court verdict on J&K is big defeat of opposition parties, says Amit Shah in Rajya Sabha
Home Minister Amit Shah in Rajya Sabha on Monday launched an attack on the opposition as he praised the Supreme Court's decision to uphold the abrogation of Article 370. The Supreme Court on Monday upheld the Union Government's decision to abrogate Article 370 of the Constitution which gave special status to Jammu and Kashmir and said that every decision taken by the Centre on behalf of a State cannot be subject to a legal challenge.
Supreme Court asks EC to hold J&K elections by September 30
Article 370 judgment: The Supreme Court's Constitution bench delivered a judgment on Monday, affirming the abrogation of Article 370 of the Constitution. This decision comes after the court considered a series of petitions challenging the abrogation of Article 370 and the subsequent division of Jammu and Kashmir into two Union territories. The Constitution bench, comprised of five judges, not only upheld the constitutional changes but also issued a directive to the Election Commission. The bench mandated the Election Commission to conduct elections in Jammu and Kashmir by September 30, 2024.
Supreme Court verdict: 'Brighter future' for J-K, Ladakh following Article 370 abrogation, says EAM Jaishankar
External Affairs Minister S Jaishankar has praised the Supreme Court's decision to uphold the abrogation of Article 370, which granted special status to Jammu and Kashmir. The court ruled that every decision taken by the Centre on behalf of a state cannot be subject to a legal challenge, and that every decision taken by the Centre on behalf of a state under proclamation cannot be subject to a legal challenge.
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Supreme Court directs establishment of Truth-and-Reconciliation Commission to probe J&K human rights violations
The Supreme Court has issued a directive to establish a Truth-and-Reconciliation Commission specifically tasked with investigating human rights violations in Jammu and Kashmir during the 1980s. Justice Kaul, while announcing these separate decisions, has directed the formation of the commission to meticulously probe human rights violations, encompassing actions by both state and non-state actors.
Hold elections in J&K by September 30 next year: SC directs Election Commission
"We direct that steps be taken by EC to conduct elections of J&K Assembly by September 30, 2024," said Chief Justice of India Chandrachud in its ruling. The Court also directed the government to restore the statehood of J&K. "We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest," said CJI.
Article 370 verdict: Supreme Court upholds abrogation of special status of Jammu and Kashmir, directs EC to conduct elections
Article 370 judgment: The Supreme Court's Constitution bench delivered a judgment on Monday, affirming the abrogation of Article 370 of the Constitution. This decision comes after the court considered a series of petitions challenging the abrogation of Article 370 and the subsequent division of Jammu and Kashmir into two Union territories. The Constitution bench, comprised of five judges, not only upheld the constitutional changes but also issued a directive to the Election Commission. The bench mandated the Election Commission to conduct elections in Jammu and Kashmir by September 30, 2024.
Delhi excise policy case: ED tells SC it will not summon BRS leader Kavitha till Nov 20
The Enforcement Directorate has informed the Supreme Court that it will not summon BRS leader K Kavitha in the Delhi excise policy case until her plea is heard on November 20. Kavitha had challenged the summons issued by the agency on November 20 and sought protection from coercive action. The court has extended the interim order of protection in the matter.
Constitution of J&K not superior to India's: Supreme Court
On the 16th and the last day of the hearing, the bench remarked that the Constitution of J&K is not at par or superior to the Constitution of India. Justice Khanna said the declaration in the Preamble that it is being adopted by the people of India also included the people of J&K. "'We, the people of India' includes 'we, the people of Jammu and Kashmir', as well. We have moved with the passage of time and we need to keep moving...," he said.
Article 370 case: Polls in J-K can take place at any time, decision depends on Election Commission, Centre tells SC
Article 370 case: Solicitor General Tushar Mehta, appearing for Centre, on Thursday told the Supreme Court that it is ready for elections in Jammu and Kashmir at any time now. The statement from Mehta came during hearing on abrogation of Article 370 in the apex court. It also said that process of updation of voters' list in Jammu and Kashmir is underway and it will take a month or so to complete the procedure.
Solicitor General promises to deliver 'positive' statement on J&K statehood timeline after CJI's inquiry
The Supreme Court has asked the Indian government if there is a specific timeline for restoring full statehood in Jammu and Kashmir. The court raised the question during a hearing on petitions challenging the abrogation of Article 370, which converted Jammu and Kashmir into a Union territory. The Chief Justice of India suggested that the government should consider stating that Jammu and Kashmir will be a Union territory for a specific period to bring stability.
Article 370: Centre tells SC J-K Constitution subordinate to Indian Constitution, people were misguided that special provisions were not discrimination but privilege
Without naming the two mainstream political parties of the erstwhile state, the Centre said citizens have been misguided that the special provisions for Jammu and Kashmir were "not discrimination but a privilege". Solicitor General Tushar Mehta, appearing for the Centre, said there is enough material to show that the Constitution of Jammu and Kashmir is subordinate to the Constitution of India and the constituent assembly of J-K was in reality a legislative assembly making laws.
SC asks Attorney General to look into suspension of J-K lecturer who argued against abrogation of Article 370
The Supreme Court on Monday asked Attorney General R Venkataramani and Solicitor General Tushar Mehta to look into the issue of the suspension of Jammu and Kashmir education department lecturer who had argued before the top court in a matter related to the abrogation of Article 370.
'No Special Status': No doubt that J&K surrendered sovereignty 'absolutely completely' after integration, says SC
The Supreme Court has observed that J&K has no vestige of sovereignty and its merger with India was complete when the Maharaja of Kashmir signed the Instrument of Accession in October 1947. The court responded to an advocate for the J&K HC Bar Association, which argued that unlike other princely states, J&K did not sign a merger agreement with the Dominion of India after signing the Instrument of Accession.
Surrender of sovereignty of J&K to India was "absolutely complete" with accession: SC
Observing that once Article 1 of the Constitution says India shall be a Union of States, including Jammu and Kashmir, the transfer of sovereignty was complete in all respects, a five-judge constitution bench headed by Chief Justice DY Chandrachud said.
Supreme Court: If J&K statute key, why is Constitution silent on it?
The Supreme Court on Wednesday posed this searching question as challengers to demobilisation of Article 370 persisted with the line of argument that the administrative autonomy that the erstwhile state of J&K had enjoyed under the 1957 state Constitution could not be curbed or reversed independently of the "will of the people of Jammu & Kashmir".
Who can recommend revocation of Art 370 when no constituent assembly exists in J-K, asks SC
A five-judge constitution bench headed by Chief Justice DY Chandrachud today commenced hearing a batch of pleas challenging the Centre's August 5, 2019 decision to abrogate Article 370, a move that had come in for vicious attack by some major opposition parties but earned fulsome praise from those supporting the BJP.
SC dismisses plea challenging J&K's delimitation exercise
The bench clarified that the dismissal of the plea should not be misconstrued as giving imprimatur to the decisions taken in relation to Article 370. The said issue is pending before a constitution bench in a clutch of pleas challenging abrogation of Article 370 of the Constitution.
SC collegium recommends appointment of CJs of high courts of Patna, HP, Gauhati, Tripura
The collegium resolutions uploaded on the apex court website said that the office of the chief justice of the Patna High Court has fallen vacant recently, consequent upon elevation of Justice Sanjay Karol as a judge of the top court. The collegium said Justice Chandran, who is the senior-most judge of the Kerala High Court, was appointed as a judge on November 8, 2011 and is due to retire on April 24, 2025.
Maintenance against property must be written in gift deed: Supreme Court
A bench of Justices Sanjay K Kaul and A S Oka gave this practical advice on Tuesday to senior citizens, who generally gift self-earned properties to their children in the understanding, hope and expectation that they would be well looked after in their sunset years when ailments routinely affect them.
Fresh plea filed in SC challenging third extension to ED chief
The petition filed by Congress leader Jaya Thakur challenges the third extension granted to Mishra by the Centre last month. Thakur has alleged that the extension given to Mishra is in violation of the top court’s orders.
Lineage at play? Six of 27 apex court justices had fathers as SC or HC judges
Regional balance has seldom been achieved with many high courts going unrepresented in the SC for long years. Meritorious and senior judges from these unrepresented HCs, who have spent considerable time heading the judiciaries of various states, continue to wait in the hope that they would receive the all-important nod from the collegium.
SC collegiums headed by CJI Lalit recommends transfer of CJs of Orissa, J&K HCs
The apex court collegium, which also comprised justices D Y Chandrachud and Sanjay Kishan Kaul, have come out with separate statements to this effect and also recommended names of three high court judges for being elevated as chief justices of Orissa, Karnataka and Jammu and Kashmir high courts. The collegiums have recommended the name of Justice Jaswant Singh, Justice P B Varale and Ali Mohammad Magrey as as Chief Justices of Orissa, Karnataka and Jammu and Kashmir high courts respectively.
SC grants two months to Centre to file reply on plea seeking law for adherence to fundamental duties
"Such States who would like to file counter affidavit may also file their respective counter affidavit within the same time," the bench said while posting the matter for hearing on September 26.
Provide residual demand for Shramik trains for movement of migrants by June 10: Railways to states
"In this context, you may please advise the comprehensive residual demand for Shramik Special Trains for the movement of stranded workers from your state/UT along with the number of travellers, originating station, destination station, schedule and dates by which the transportation shall be completed.
Protest but don't block roads: Supreme Court on Shaheen Bagh sit-in
The top court said it had tried to find an out-of-the-box solution by appointing interlocutors to persuade the protesters looking at the prevailing conditions.
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