Bangladesh’s High Court struck down a section of the 15th Amendment Act, reinstating the caretaker government system and bolstering the interim government led by Muhammad Yunus. The court deemed the abolition of the caretaker government unconstitutional, impacting the country’s political landscape and sparking varied reactions. The decision leaves other aspects of the amendment for future parliaments.
Results for: Constitutional Law
Despite the upcoming November election, constitutional law experts predict that the Supreme Court’s conservative majority will endure, regardless of whether former President Trump or Vice President Harris takes office. While the composition of the Court might change due to potential retirements, the ideological balance is anticipated to remain consistent.
The Supreme Court of India has ruled that states have the authority to regulate industrial alcohol, overturning a 33-year-old precedent that gave this power to the central government. The decision was made by an 8:1 majority in a nine-judge bench and has significant implications for the production and distribution of industrial alcohol across the country.
Chief Justice of India (CJI) D.Y. Chandrachud has reportedly proposed Justice Sanjiv Khanna as his successor. This move marks a significant step in the process of selecting the next CJI, a position of immense power and influence within India’s judicial system. Justice Khanna, currently a judge on the Supreme Court, is known for his expertise in constitutional law and his contributions to landmark rulings. This article delves into the details of the proposed succession, examining Justice Khanna’s background, potential implications, and the broader context of the CJI selection process in India.
The Supreme Court of India has intervened in the ongoing controversy surrounding ‘bulldozer justice’, where properties of accused individuals are demolished without due process. The court will formulate guidelines on when and how such demolitions are permitted under municipal laws, ensuring they adhere to constitutional principles. This move comes after concerns were raised about arbitrary demolitions across the country, with the court temporarily halting all demolitions until October 1st, except those on public roads, water bodies, and railway lines.
A legal watchdog group is challenging New York’s universal mail-in voting law, arguing it’s unconstitutional. The Public Interest Legal Foundation, representing Republican leaders, claims the law violates the state constitution and undermines election integrity. This challenge follows a similar legal battle in Delaware, where the foundation initially secured a victory but ultimately lost the case.
The Property Owners Association vs State of Maharashtra case before the Supreme Court of India raises pivotal questions regarding the scope of fundamental rights and the role of Directive Principles of State Policy (DPSPs) in lawmaking. The case seeks to define the term “material resources of the community” under Article 39(b) of the Constitution and determine whether laws enacted to secure these resources are immune from challenges based on equality and freedom rights. The tension between DPSPs and fundamental rights has been a contentious issue in Indian constitutional history, with the balance between them shifting over time. Article 31C, introduced in 1971, initially granted immunity to certain laws from judicial review on grounds of Article 14 (equality) and Article 19 (freedoms), but its scope has been contested and remains subject to interpretation. The Supreme Court’s decision in this case will have significant implications for the future of the Constitution and the relationship between rights and governance in India.