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Constitutional Law

  • Requirements to be Followed in Cases of Arrest and Detention – Supreme Court in D.K. Basu Case

    The Apex Court in D.K. Basu v. State of West Bengal, AIR 1997 SC 610, while emphasizing on personal liberty in a civilized society on the backdrop of constitutional philosophy especially enshrined under Articles 21 and 22(1) of the Constitution of India, has expressed thus: ―22. … The rights inherent in Articles 21 and 22(1) of the […]

  • Judicial Discipline, Need for Predictability & Certainty

    We may remind the High Court of the observations made by this Court in Official Liquidator v. Dayanand and Others reported in (2008) 10 SCC 1. In this decision, this Court has emphasised the adherence to basics of judicial discipline and the need for predictability and a certainty in law. In that context, certain earlier […]

  • Context of Speedy Trial juxtaposed to Fair Trial

    Reference may also be placed on the decision in Pooja Pal v. Union of India and Others reported in (2016) 3 SCC 135, where the fundamental rights enshrined under Article 21 of the Constitution of India were discussed in the context of “speedy trial” juxtaposed to “fair trial” in the following manner: “83. A “speedy […]

  • SC Guidelines on Interim Orders by High Court in 482 CrPC / Art 226

    In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or “no coercive steps to be adopted”, during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article […]

  • Article 141 of the Constitution – Declaration of Law by Supreme Court

    A petition for leave to appeal to this Court may be dismissed by a non-speaking order or by a speaking order. Whatever be the phraseology employed in the order of dismissal, if it is a non-speaking order, i.e. it does not assign reasons for dismissing the special leave petition, it would neither attract the doctrine […]

  • Fundamental Right of Equality of Opportunity – Supreme Court

    “39. Thus, from a detailed analysis and close examination of the cases of this Court starting from 1952 till today, the following propositions emerge: (1) In considering the fundamental right of equality of opportunity a technical, pedantic or doctrinaire approach should not be made and the doctrine should not be invoked even if different scales […]

  • Plenary Powers of the Supreme Court – Article 142 of the Constitution

    “47. The plenary powers of this Court under Article 142 of the Constitution are inherent in the Court and are complementary to those powers which are specifically conferred on the Court by various statutes though are not limited by those statutes. These powers also exist independent of the statutes with a view to do complete […]

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