The Supreme Court, today (21st October) addressing challenges to the 42nd Amendment’s inclusion of “socialist” and “secular” in the Preamble, emphasized these terms’ relevance in the Indian context rather than solely from a Western view. Justices questioned the amendment’s legitimacy due to lack of parliamentary debate during the national emergency, scheduling further hearings for November.
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The Chief Justice of India criticized the Centre’s 2023 Model Law on Prisons for omitting caste-based discrimination prohibitions. He ruled that inequality in prisons is unconstitutional, emphasizing equal treatment for all inmates. The judgment highlighted the need for reforms, rejecting caste-based classifications that hinder rehabilitation and violate constitutional rights.
The Central Government defended the criminalization of instant triple talaq, stating that it protects the rights of married Muslim women and promotes gender justice and equality. The 2019 law aims to safeguard women affected by triple talaq, following the Supreme Court’s invalidation of the practice and its review of the law. The government emphasized the legislative role in determining criminal conduct based on current social conditions.
Today(on August 1st), The Supreme Court of India has called for identifying the “creamy layer” within Scheduled Castes and Scheduled Tribes to exclude more privileged individuals from reservation benefits. This measure seeks to ensure that affirmative action supports the most disadvantaged members of these groups.
Chief Justice of India D Y Chandrachud stressed the judiciary’s duty to uphold constitutional values, cautioning against personal ideologies in judgments. He emphasized the importance of impartiality and humility, urging judges to prioritize constitutional morality. Chandrachud raised concerns about judges’ personal views influencing rulings on interfaith marriages and relationships, advocating for a constitutionally grounded approach.
The Chief Justice of India, D Y Chandrachud, highlighted the need for greater gender representation in the legal profession despite progress made. He called upon the legal community to promote equality and ensure inclusivity in judicial institutions for everyone. Women already constitute over 60% of recruits in some states, reflecting social evolution in India.
Chief Justice of India DY Chandrachud highlighted the importance of increasing the number of women judges in courts at a lecture in the United Kingdom. He emphasized that the need for more women judges goes beyond the belief that they deliver “liberal” verdicts. Chandrachud also discussed LGBTQ issues, reservation versus merit debate, and addressed a controversial remark in a rape case judgment.
The Supreme Court of India is set to address the rights of Muslim women in matters of succession amid efforts to introduce a Uniform Civil Code and the invalidation of triple talaq. The court will examine whether Muslim women can claim equality in succession and implications of bequeathing estates, with the hearing set for July 25.
Today (16th May): The Supreme Court ruled that Air India Limited ceased to be a state entity under Article 12 of the Constitution after its disinvestment and transfer to the Tata Group. The court dismissed appeals against the Bombay High Court’s verdict, stating that post-privatization, the company no longer fell under the court’s writ jurisdiction. The appellants were directed to seek alternative avenues for remedy.
The Supreme Court emphasized the necessity of conducting essential rituals for a valid Hindu marriage under the Hindu Marriage Act. They clarified that a mere marriage certificate does not establish a valid marriage without the required ceremonies. The ruling stresses the significance of traditional rites and ceremonies in upholding the sanctity of Hindu marriages.