Author: Anvita Dwivedi

In a significant decision touching the delicate constitutional balance between judicial accountability and judicial independence, the Supreme Court of India dismissed a petition seeking registration of a First Information Report (FIR) against Justice Yashwant Varma in connection with the alleged cash recovery controversy. While declining to entertain the prayer for immediate criminal prosecution, the Court reiterated that allegations against members of the higher judiciary must be addressed within the constitutional and institutional framework specifically evolved for that purpose and cannot be permitted to circumvent established judicial safeguards. The ruling is of considerable constitutional importance because it reaffirms that the independence…

In an important development with far-reaching implications for medical education, public health administration and cooperative federalism, the Supreme Court of India has suggested that the Union Government consider evolving a uniform national policy governing compulsory rural service by MBBS graduates. The observation came during the hearing of a matter concerning the varying obligations imposed upon medical students by different States regarding mandatory rural service after completion of their medical education. While the Court refrained from issuing an immediate nationwide mandate, it expressed concern over the absence of a consistent regulatory framework and observed that the issue deserved consideration at the…

The humanitarian crisis surrounding two Indian seafarers who went missing after a drone attack on a commercial cargo vessel near the Ukrainian coast has taken a deeply poignant turn, with the Union Government informing the Supreme Court that despite extensive search and rescue operations conducted in coordination with Ukrainian and Romanian authorities, the missing Indian nationals could not yet be located. The disclosure was made before the Supreme Court during the hearing of petitions filed by the families of the missing seafarers seeking urgent judicial intervention and continued diplomatic engagement by the Government of India. While the Centre assured the…

In a significant order reinforcing the principles governing post-conviction liberty in serious criminal offences, the Supreme Court of India declined to suspend the life sentence awarded to Narayan Sai, son of self-styled godman Asaram, in a rape case. While refusing to enlarge the convict on bail during the pendency of his criminal appeal, the Court simultaneously directed the Gujarat High Court to make every endeavour to hear and decide the pending appeal expeditiously. The order reflects a carefully calibrated judicial approach that seeks to preserve two equally important constitutional values—the right of a convicted person to have his appeal heard…

In a judgment that significantly expands the constitutional understanding of service to the nation, disability justice and rehabilitation of defence personnel, the Supreme Court of India directed all States and Union Territories to extend the benefit of reservation available under the Ex-Military Personnel (EMP) quota to military cadets who suffer 40 per cent or more permanent disability during military training. Rejecting a narrow interpretation that confined such reservation only to formally commissioned personnel or retired servicemen, the Court held that young cadets who sustain disabling injuries while undergoing rigorous military training cannot be denied rehabilitation benefits merely because they were…

In a significant constitutional hearing arising out of the continuing litigation over the Shiv Sena split, the Supreme Court of India made a far-reaching observation that extends well beyond the immediate dispute between the rival factions led by Eknath Shinde and Uddhav Thackeray. While examining the evolution of the party’s constitution and organisational structure, the Bench questioned whether political parties themselves ought to adhere to democratic principles, observing that the constitution of the undivided Shiv Sena appeared to have gradually shifted away from its earlier democratic framework and had eventually assumed the characteristics of a “one-person structure.” Although the Court…

In a significant pronouncement reinforcing the principles governing service jurisprudence and compulsory retirement, the Supreme Court of India has reiterated that the “washed-off theory” cannot be invoked while determining whether a government employee is fit to be retained in service. The Court clarified that although adverse entries preceding a promotion may lose relevance when the employee is considered for future promotions, those very entries continue to remain relevant when the competent authority undertakes the far more comprehensive exercise of assessing the employee’s overall suitability for continuation in public service. In doing so, the Supreme Court has reaffirmed a long-settled yet…

In a significant ruling that further refines India’s evolving arbitration jurisprudence, the Supreme Court of India has held that the extent of a non-signatory’s involvement in the performance of the underlying commercial contract constitutes an important factor in determining whether such a party can be bound by an arbitration agreement, notwithstanding the absence of its signature on the arbitration clause. The decision represents another important step in the Court’s continuing effort to reconcile the consensual foundation of arbitration with the commercial realities of modern multi-party transactions, where contractual obligations are often performed through complex corporate structures involving parent companies, subsidiaries,…

In what is likely to become one of the most significant judicial pronouncements on rape jurisprudence and evidentiary assessment in recent years, the Bombay High Court, while convicting former Tehelka Editor-in-Chief Tarun Tejpal in the 2013 sexual assault case, emphatically rejected the notion that courts should assess the credibility of a sexual assault survivor by comparing her conduct against an imagined standard of a “perfect” or “ideal” victim. Setting aside the earlier acquittal recorded by the Goa trial court, the High Court observed that women react to sexual violence in profoundly different ways and that no universal behavioural template exists…

In a significant hearing concerning the functioning of India’s representative democracy, the Supreme Court of India examined the scope and interpretation of Section 151A of the Representation of the People Act, 1951, raising important questions regarding the constitutional obligation of the Election Commission of India (ECI) to conduct by-elections whenever parliamentary or legislative assembly seats fall vacant. The proceedings centred on whether the statutory exception contained in Section 151A providing that by-elections need not ordinarily be conducted where the remainder of the term of the House is less than one year constitutes a mandatory pre-condition or merely one among several…