The Supreme Court ruled that Section 35 of the SARFAESI Act cannot override any provision of the Constitution, including special protections under Article 371A for Nagaland. The Court held that SARFAESI action taken before the Act’s adoption in Nagaland was without jurisdiction and legally invalid.
Chief Justice B R Gavai emphasized that the Constitution of India is the supreme authority, urging all branches of democracy—the legislature, executive, and judiciary—to work collaboratively for national progress. Speaking at a conference in Mumbai, he highlighted India’s achievements and the importance of unity to uphold constitutional values and strengthen democracy.
Justice B R Gavai, set to become India’s first Buddhist Chief Justice, emphasizes the supremacy of the Constitution and rejects post-retirement roles, reinforcing judicial independence. His remarks highlight the judiciary’s responsibility in national crises and advocate for transparency, addressing public concerns about potential influences on judges after retirement.
The Telangana High Court ruled that the Speaker must address disqualification petitions against three MLAs, previously affiliated with BRS and now with Congress, within a reasonable timeframe. The ruling stressed the importance of timely decisions aligning with the Tenth Schedule of the Constitution and referenced relevant Supreme Court cases on disqualification matters.
