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Articles by Padmakshi Sharma
Free Speech v. Digital Disinformation: How Is State Intervention In Social Media Content Moderation Being Navigated In USA & India
Understanding Moody v. NetChoice, LLC (2024): Case Overview The Communications Decency Act (1996) has been crucial to the growth of the internet in the US. Section 230 of this Act grants social media platforms immunity from legal liability for user-generated content and allows them to moderate objectionable material. This protection provided by Section 230 faced challenges post the 2020 US Elections.
US Supreme Court Affirms Trump's Immunity from Prosecution for 'Official Acts'
In a landmark decision, the United States Supreme Court on Monday ruled that former President Donald J. Trump was entitled to absolute immunity from criminal prosecution for acts within his exclusive constitutional authority during his presidency. The court further stated that he was entitled to “at least presumptive immunity” from prosecution for all his “official...
Supreme Court Constitution Bench Judgments & Hearings Of 2023
The year 2023 has witnessed several important judgments delivered by Constitution Benches. Be it the constitutional validity of Article 370, the marriage equality petitions, the challenge to the 2016 demonetisation scheme of the Centre or the political crises in Maharashtra and Delhi, these cases, touched upon different significant issues.
Supreme Court Issues Directions To Delhi Government For Construction Of Delhi Judiciary Infrastructure, Judges' Residences
The Supreme Court recently directed the Delhi Government to float tenders for the construction of judicial infrastructure in Delhi. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also directed for the Chief Secretary of GNCTD to intimate the steps taken for residential accommodation for judicial officers, the process for the recruitment of staff at the district level, and provision of additional court rooms on a temporary basis.
Supreme Court Grants Interim Protection From Arrest To SHUATS VC, Officials In UP Police FIR Over Alleged Forceful Religious Conversion
The Supreme Court today granted interim protection from arrest to the Vice Chancellor and other officials of the Sam Higginbottom University of Agriculture Technology and Science (SHUATS) in a case pertaining to alleged forceful religious conversion of a woman to Christianity.
Supreme Court To Consider Online Gaming Companies' Plea Against 28% GST In January 2024
The Supreme Courton Friday (December 15) posted a batch of writ petitions filed by online gaming companies, including Dream 11, Games 24x7, and Head Digital Works, challenging the constitutional validity of imposition of a 28% GST, to January 8, 2024. A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra refused to pass interim order in favour of the petitioners.
Manipur Violence | Supreme Court Asks State To Inform Steps Taken To Restore Places Of Worship To Court Appointed Committee
The Supreme Court today (15.5.2023) directed the State of Manipur to furnish to the court appointed committee steps it had taken to restore the places of worship which had been destructed in the ethnic violence. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also recorded the assurance given by Solicitor General of India Tushar Mehta that necessary steps would be taken so that all those in relief camps could celebrate the upcoming festival of Christmas.
Supreme Court Grants Extension To Maharashtra Speaker Till January 10 2024 To Decide Shiv Sena Disqualification Pleas
The Supreme Court today granted an extension to the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift by January 10, 2024. It may be recalled that earlier, the Apex Court had directed for the pleas to be decided by December 31, 2023.
If Judges With Constitutional Protection Do Not Exhibit Boldness, We Can't Expect Others In Administration To Do So: Justice SK Kaul
On his last working day, Supreme Court judge Justice Sanjay Kishan Kaul stressed the need for the judges to exhibit boldness, since they have Constitutional protection."If with the constitutional protection that we have, we are not able to exhibit this, we cannot expect other parts of the administration to do so," Justice Kaul said at the Full Court reference held to bid farewell to him.
CJI DY Chandrachud Explains Why Satyendar Jain's Bail Plea Was Listed Before Justice Bela Trivedi's Bench
Chief Justice of India DY Chandrachud on Thursday (December 14) clarified the bail application of Aam Aadmi Party leader Satyendar Jain was assigned to a bench led by Justice Bela Trivedi since Justice AS Bopanna was not available due to health reasons. Just this morning, Senior Advocate Dr Abhishek Manu Singhvi raised an objection regarding the listing of Jain's petition, saying that the matter was earlier heard by Justice Bopanna's bench.
Senior Advocate AM Singhvi Objects To Listing Of AAP Leader Satyendar Jain's Bail Plea Before Bench Led By Justice Bela Trivedi
Senior Advocate Dr Abhishek Manu Singhvi on Thursday (December 14) raised an objection before the Chief Justice of India regarding the listing of the bail petition of Aam Aadmi Party leader Satyendar Jain before a bench led by Justice Bela Trivedi. "This case was listed before Justice AS Bopanna. He had heard it for 2.5 hours. Now the case is listed before Justice Bela Trivedi," Singhvi said. However, CJI DY Chandrachud did not seem to be inclined to change the bench combination.
Non Stamping Of An Agreement A Curable Defect, Only Makes A Document Inadmissible & Not Void: Supreme Court
On December 13, the Supreme Court ruled that arbitration clauses in unstamped or inadequately stamped agreements were enforceable. In doing so, the Court overruled the judgment rendered by a 5-judge bench in April this year in M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Orswhich had by a 3:2 majority held that unstamped arbitration agreements are not enforceable.
Supreme Court Urges Tamil Nadu Governor & Chief Minister To Have Dialogue To Resolve Deadlock Over Bills
The Supreme Court on Wednesday (December 13) urged the Chief Minister and the Governor of Tamil Nadu to have an open dialogue to resolve the deadlock over the passing of the bills. A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was hearing a writ petition filed by the State of Tamil Nadu against the Governor's delay in granting assent to the bills passed by the legislative assembly. The matter was taken today towards the end of the day.
'Automatic Stay Vacation Prejudices Litigant' : Supreme Court Reserves Judgment In Reference Against 'Asian Resurfacing' Judgment
The Supreme Court today (December 13) reserved its judgement in the reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal trials will automatically expire after a period of six months unless the orders are specifically extended.
Mahua Moitra Requests Supreme Court To Urgently Hear Her Plea Challenging Expulsion From Lok Sabha
Trinamool Congress leader Mahua Moitra has sought urgent listing of the petition filed by her in the Supreme Court challenging her expulsion from the Lok Sabha. Senior Advocate Dr Abhishek Manu Singhvi mentioned Moitra's petition before the Chief Justice of India DY Chandrachud seeking a listing either tomorrow or Friday. It may be noted that the Supreme Court is closing for winter vacations from December 15.
BREAKING | Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overruled 'NN Global' Decision
A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. The Court overruled the judgment rendered by a 5-judge bench in April this year inM/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors which had by a 3:2 majority held that unstamped arbitration agreements are not enforceable.
Assam Accord : Supreme Court Reserves Judgement On Pleas Challenging Constitutional Validity Of Section 6A Of Citizenship Act
A Constitution Bench of the Supreme Court reserved its judgement in the batch of petitions challenging Section 6A of the Citizenship Act 1955 today (12.12.2023). The bench comprising CJI DY Chandrachud along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra heard the matter for four days before reserving the judgement.
Article 370 Judgment | Why Supreme Court Upheld Repeal Of J&K Special Status Despite Invalidating Changes To Article 367? Explained
A Constitution Bench of the Supreme Court yesterday upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution.
Supreme Court Pulls Up Delhi Govt For 'Lackadaisical Approach' In Disbursing Funds To Delhi Judiciary
On Monday, the Supreme Court expressed strong dismay over the delay by the Delhi Government in approving funds for infrastructure projects in the Delhi High Court (HC).
Justice Kaul Recommends "Truth & Reconciliation Commission" To Report Human Rights Violations In Jammu & Kashmir By State & Non-State Actors
Supreme Court judge Justice Sanjay Kishan Kaul, in his judgment approving the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, recommended the setting up of a "Truth and Reconciliation Commission" to investigate and report on the human rights violations carried out by both the State and non-State actors in the Kashmir valley at least since 1980s.
Restore Statehood Of Jammu & Kashmir Soon, Holds Elections To J&K Assembly By September 2024 : Supreme Court
The Supreme Court today (11.11.2023) directed the Union Government to expedite the process of restoration of statehood for Jammu and Kashmir (J&K). The Constitution Bench led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution.
BREAKING | Article 370 A Temporary Provision, Supreme Court Upholds Abrogation of Special Status of Jammu and Kashmir
The Supreme Court on December 11 upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. The court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held that Article 370 was a temporary provision.
"As A Servant Of Constitution, I Have To Follow The Law Laid Down": CJI DY Chandrachud On Plea Against Collegium System
Chief Justice of India DY Chandrachud said that as a "servant of the law and the Constitution", he has to follow the laid down law, when a lawyer mentioned a plea challenging the collegium system for judges' appointments. Advocate Mathews J Nedumpara sought the listing of a petition filed by him seeking the abolition of the collegium system and a reevaluation of the process for designating senior advocates.
S.6A Citizenship Act | Why Assam Singled Out Though West Bengal Shares Larger Border With Bangladesh? Supreme Court Asks Union [Day 3]
While hearing petitions challenging Section 6A of the Citizenship Act 1955, the Supreme Court on Thursday (December 6) orally remarked that regardless of the outcome of the petitions on the constitutionality aspect, the issues raised in the petitions pertaining to illegal immigration were "crucial problem independent of Section 6A". The court directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971.
Supreme Court Seeks Data From Union Government On Illegal Migration To Assam & NE States Post-1971
The Supreme Court on Thursday (December 7) directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971. The Court also directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam. Details have to be furnished in regard to extent of border fencing and the estimated timelines to complete border fencing.
Supreme Court Releases Videos On Historic 'Kesavananda Bharati' Judgment In 10 Indian Languages
On December 7, 2023 the Chief Justice of India (CJI) DY Chandrachud announced that the Keshavananda Bharti judgement video, commemorating the 50th anniversary of the landmark case, is now available in 10 Indian languages on the Supreme Court's website. CJI Chandrachud emphasized the importance of breaking down language barriers to make the work of the court accessible to a wider section of society.
Assam Accord | Government Has To Be Given Leeway To Make Compromises For Nation's Well Being, Says Supreme Court [Day 2 Hearing]
While hearing petitions challenging Section 6A of the Citizenship Act 1955, the Supreme Court on Wednesday (December 6) orally remarked that certain political compromises made by the government of the day for the overall welfare of the nation cannot be always judged on the basis of hindsight wisdom, as the Government has to be given the leeway to deal the expedient problems of the moment.
Supreme Court Upholds 'Group Of Companies' Doctrine
A Constitution Bench of the Supreme Court on Wednesday (December 6) held that an arbitration agreement can bind non-signatories as per the "group of companies" doctrine. The Court held that it is not necessary that only persons who are signatories to the arbitration agreement will be bound by the arbitration agreement. A bench comprising Chief Justice of India DY Chandrachud, Justices Hrishikesh Roy, PS Narasimha, JB Pardiwala and Manoj Misra delivered the verdict (Cox and Kings Ltd v.
Assam Accord | Supreme Court Seeks Official Data On Number Of People Benefitted From Section 6A Of Citizenship Act
On the first day of the hearings pertaining to a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, the Supreme Court Constitution Bench asked the Solicitor General of India Tushar Mehta to provide official data on how many people benefitted from Section 6A of the Act.
Assam Accord | S.6A Citizenship Act Was Enacted Considering Humanitarian Aspects After Bangladesh Liberation, Says Supreme Court During Hearing
A Constitution Bench of the Supreme Court on Tuesday (December 5) commenced the hearing of a batch of petitions challenging Section 6A of the Citizenship Act 1955, the statutory provision giving effect to the Assam Accord. The provision, inter alia, allows foreign migrants, who came to Assam after the 1st January, 1966 but before the 25th March, 1971, to seek Indian citizenship.
Supreme Court Grants Interim Relief To Manipur Journalist Against FIRs Over Tweets On Manipur Violence
The Supreme Court on Monday (04.11.2023) stayed the proceedings on FIRs lodged against Journalist Makepeace Sitlhou for tweets she made in relation with Manipur violence. Appearing for Sitlhou, Senior Advocate Kapil Sibal submitted that she is Fulbright scholar who was facing FIRs for certain tweets. The bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra granted interim relief to Sitlhou and ordered a stay on the criminal proceeding against her for the time being.
Independent Evaluation By MoEF&CC Necessary To Determine If Iron Ore Mining In Odisha Needs To Be Capped : Supreme Court
The Supreme Court today (04.12.2023) opined that an independent evaluation by the Ministry of Environment, Forest and Climate Change (MoEFCC) was necessary to determine whether a cap on iron ore mining needed to be imposed in the State of Odisha as the decision would affect issues such as sustainable development and intergenerational equity.
Supreme Court Refuses To Entertain PIL Against Adulterated Ayurvedic Medicines
On Monday (04.11.2023), Supreme Court refused to entertain a Public Interest Litigation (PIL) seeking to challenge the adulteration of ayurvedic medicines across the country. The matter was listed before a bench led by the Chief Justice of India (CJI) DY Chandrachud and comprised Justice JB Pardiwala and Manoj Misra. While noting that adulteration of medicines was illegal, the bench remarked that it could not entertain a writ of such a nature.
Students Affected By Manipur Violence Can Attend Classes Online Or Get Admission In Assam University And North East Hill University: Supreme Court
In a plea for relocating 284 students affected by the Manipur violence to different Central Universities where they could continue their studies, the Supreme Court today (04.11.2023) provided three options for the students – a) attend classes at Manipur University online; b) attend the Assam University, Silchar or; c) attend North East Hill University, Shillong.
Jammu & Kashmir Special Status: Supreme Court's Judgment In Article 370 Case To Be Pronounced This Month
The Supreme Court is likely to pronounce its verdict in the long-pending case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution this month (December 2023). The Constitution bench of the Supreme Court, led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, had presided over these hearings.
Supreme Court Directs Urgent Listing Of Jauhar University's Plea In Allahabad High Court
The Supreme Court has directed the Allahabad High Court to urgently hear the plea filed by Samajwadi Leader Azam Khan's Trust (Maulana Mohamad Ali Jauhar Trust) against the decision of the Uttar Pradesh Government to take over the land of Jauhar University in Rampur.
'Sometimes Social Activists Are Pushed By Business Interests": Supreme Court Rejects PIL Seeking Regulation Of Cab Aggregators
The Supreme Court on Friday (1.12.2023) refused to entertain a Public Interest Litigation (PIL) seeking for the Union of India and State Governments to establish rules for app-based cab services. The PIL raised concerns about issues such as security, overcharging, and arbitrary ride cancellations by taxi and cab aggregators. The matter was listed before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
'No Power Taken Away From State Police': Supreme Court Remarks On Punjab Govt's Plea Against Expansion Of BSF Jurisdiction
In Punjab Government's plea challenging Centre's decision of extending the jurisdiction of the Border Security Force to 50 kms in Punjab as compared to the earlier 15 km, the Supreme Court orally noted that the extension of BSF's jurisdiction, as per the 2021 notification, did not take away the powers of the Punjab police.
Supreme Court Questions Tamil Nadu Governor For Referring Bills To President, Says He Can't Do It After Withholding Assent
The Supreme Court on Friday (December 1) questioned the decision of Tamil Nadu Governor RN Ravi to refer bills to the President, after declaring that he was withholding assent on them. The bench led by Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra orally said that the Governor cannot refer the bills to the President after the Assembly has re-enacted the Bills following the Governor's declaration of withholding the assent.
Governor As A Chancellor Of A State University Must Act Independently And Not On Aid & Advice Of Council Of Ministers: Supreme Court
While setting aside the re-appointment of Dr. Gopinath Ravindran as the Vice Chancellor (VC) of the Kannur University in Kerala, the Supreme Court on Thursday (30.11.2023) underlined that while acting as a Chancellor of a State University, the Governor of the State acted in his personal capacity and not on the aid and advice of the council of ministers.
State Must Provide Dignified Working Conditions To Judicial Officers; Financial Dignity Essential For Judicial Independence: Supreme Court
While pronouncing an order in All India Judges Association v. Union of India, the Supreme Court today (30.11.2023) underscored the importance of ensuring dignified working conditions for judicial officers, both during their tenure and post-retirement. The case at hand pertained to the implementation of pay hikes for judicial officers recommended by the Second National Judicial Pay Commission (SNJPC).
'Unwarranted Interference By Kerala Govt' : Supreme Court Quashes Re-Appointment Of Kannur University Vice Chancellor
In a significant judgment, the Supreme Court on Thursday (November 30) set aside the re-appointment of Dr.Gopinathan Ravindran as the Vice Chancellor( VC) of the Kannur University in Kerala. The Court quashed the re-appointment, which was notified in November 2021, on the ground of "unwarranted interference by the State Government" and by observing that the Chancellor (Kerala Governor) "abdicated or surrendered" the statutory powers for re-appointing the Vice Chancellor.
Supreme Court Seeks Report From NALSAR Centre For Disability Studies On Making Public Spaces Accessible To Disabled Persons
In a Public Interest Litigation (PIL) seeking to make public buildings accessible for the disabled, the Supreme Court directed the Centre for Disability Studies, NALSAR University of Law to make a report on steps to be taken to make public buildings and spaces fully accessible to persons with disabilities The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra stated that the report shall be made on how to make all states and centre buildings,...
BREAKING| Supreme Court Allows Centre To Extend Term Of Delhi Govt Chief Secretary Naresh Kumar; Upholds Centre's Power To Appoint GNCTD Chief Secretary
The Supreme Court on Wednesday (November 29) allowed the Union Government to extend by six months the term of the Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, who is otherwise due to retire tomorrow. The Court held that the Central Government has the power to appoint the Chief Secretary of the Delhi Government and that such power includes the power to extend the term of the superannuating officer.
'Why Is Governor Sitting On Bills For Two Years?' : Supreme Court Criticises Kerala Governor Arif Mohammed Khan Original
The Supreme Court on Wednesday (November 29) criticised the conduct of the Kerala Governor Arif Mohammed Khan in sitting over the bills passed by the Kerala State Legislative Assembly for two years. "No reason has been given by the Governor to keep the bills pending", observed the bench led by Chief Justice of India DY Chandrachud in the order.
Plea To Relocate Students Affected By Manipur Violence To Central Universities : Supreme Court Seeks Views Of SG, Advocate General
The Supreme Court on Tuesday (28.11.2023) directed the Solicitor General of India Tushar Mehta and Advocate General of Manipur to consider a plea for relocating 284 students affected by the Manipur violence to different Central Universities where they could continue their studies.
Supreme Court Stays NGT Order Imposing Rs 12,000 Crore Cost On State Of Maharashtra For Improper Management Of Solid & Liquid Waste
The Supreme Court on Tuesday (28.11.2023) stayed the order of the National Green Tribunal (NGT) which had in 2022, directed the State of Maharashtra to deposit a cost of Rs 12,000 crore in a 'ring fenced account' for failure to treat solid and liquid waste generated in the state. Senior Advocate Mukul Rohatgi, appearing for the State of Maharashtra, argued against the amount imposed and informed the bench that a review against the same was pending before the NGT.
"Are You Stuck With One Person?": Supreme Court Asks Central Government On Delhi Chief Secretary Naresh Kumar's Term Being Extended
The Supreme Court on Tuesday (28.11.2023) asked to the Central Government if it was stuck on one person as the Chief Secretary to the Delhi Government. This was after the Centre submitted that it was planning to extend the tenure of the current Delhi Chief Secretary Naresh Kumar(who is due to retire on November 30).
'Can't Keep The Pot Boiling Over Dead Bodies' : Supreme Court Issues Directions For Dignified Cremation/Burial Of Manipur Violence Victims
The bench, led by Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, emphasized that the bodies cannot remain indefinitely in mortuaries, given that the violence broke out in the state in May 2023. The following directions were issued: The next of kin of the bodies which have been identified and claimed may carry out the performance of last rites of bodies at any of the identified 9 sites without interference from third parties.
Legal Profession Can't Be Litigation Focused; Adversarial System Affects Rights Of Poor: Attorney General Stresses On Mediation
On the Constitution Day, the Attorney General for India R Venkatramani appealed for governments to prioritize their focus on mediation, stating that the legal profession could not be a litigation focused institution as the resolution of disputes and differences through an adversarial system, affected the access to justice of the poor, marginalised, and the economically weaker sections.
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