The Supreme Court questioned whether a "proper debate" was held in Parliament before enacting the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This law replaced a selection committee that included the Chief Justice of India with one comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition. The court's query arose during a hearing on petitions challenging the new law, which critics argue undermines the independence of the Election Commission by giving the executive greater control over appointments. The court emphasized the importance of parliamentary deliberation for laws impacting constitutional bodies.
- The Supreme Court questioned the adequacy of parliamentary debate on the Chief Election Commissioner (CEC) and Election Commissioners (ECs) appointment law.
- The 2023 Act replaced a selection committee that included the Chief Justice of India with one dominated by the executive.
- Petitions challenge the new law, arguing it compromises the Election Commission's independence.
This article delves into the concept of "legal fiction" as applied to party mergers, particularly in the context of anti-defection law. It explains that legal fiction treats something as true even if it's not, for specific legal purposes, like deeming a merged party as the original party. The Supreme Court's interpretation in cases like the Goa Assembly merger has highlighted how this fiction can impact the disqualification of legislators. The article discusses the Tenth Schedule of the Constitution, which allows mergers if two-thirds of legislators agree, and how the legal fiction aims to prevent defection while ensuring political stability, though it raises questions about its scope and potential for misuse.
- Legal fiction in party mergers treats a merged entity as the original party for specific legal purposes.
- The Tenth Schedule of the Constitution allows for party mergers if two-thirds of legislators agree, providing an exception to anti-defection rules.
- The Supreme Court has interpreted the scope of legal fiction, particularly in cases involving the disqualification of legislators post-merger.
This Parley discusses the need to amend India's abortion laws, particularly regarding time limits for minor rape victims and improving access to safe terminations. Dipika Jain and Alka Barua highlight that current laws, while seemingly liberal, face challenges in interpretation and implementation, leading to delays and unsafe practices. They argue for removing rigid gestational limits, especially for survivors of sexual assault and minors, who often present late due to trauma and lack of awareness. The discussion emphasizes shifting towards a rights-based reproductive justice framework, ensuring decisional autonomy for pregnant persons, and addressing the chilling effect on healthcare providers due to criminalization fears.
- India's abortion laws, despite appearing liberal, face implementation challenges leading to delays and unsafe practices.
- Rigid gestational limits disproportionately affect minor rape victims and sexual assault survivors who often seek terminations late.
- There is a strong argument for removing strict time limits, allowing clinical judgment to determine safety, especially in cases of trauma.
The Supreme Court observed that entertaining petitions on religious practices could lead to a deluge of similar cases, potentially disrupting India's unique civilisational fabric where religion is deeply intertwined with society. During the Sabarimala review case hearing, Justice B.V. Nagarathna highlighted India's identity as a "civilisation" with a constant link between people and religion, questioning the courts' role in intervening in such matters. Justice M.M. Sundresh echoed concerns about opening floodgates if fundamental rights challenges are allowed against religious beliefs, suggesting it could break down every religion and constitutional court.
- The Supreme Court cautioned against judicial intervention in religious practices, fearing a flood of similar petitions.
- Justice B.V. Nagarathna emphasized India's unique civilisational identity, where religion and society are intimately connected.
- The court questioned whether judicial forums are appropriate for examining and intervening in matters of faith.
Karnataka has operationalized India's first specialized grievance redressal mechanism for platform-based gig workers through the Integrated Public Grievance Redressal System (IPGRS). This system allows gig workers to file complaints regarding issues like suspension, termination, unfair penalties, and discrimination, aiming to provide structure and legal recourse. The Karnataka Platform-Based Gig Workers (Social Security and Welfare) Act, 2023, underpins this initiative, providing social security and welfare benefits funded by a 1% cess on platform transactions. Complaints filed via IPGRS are automatically routed to the platform's Internal Dispute Resolution Committee (IDRC) for resolution within 15 working days.
- Karnataka has launched India's first specialized grievance redressal mechanism for platform-based gig workers via the Integrated Public Grievance Redressal System (IPGRS).
- The IPGRS enables gig workers to file complaints concerning issues such as suspension, termination, unfair penalties, and discrimination.
- This system aims to provide structure, transparency, and legal recourse for gig workers who often lack formal employment benefits.
The article examines constitutional provisions and legal precedents regarding a Chief Minister's (CM) tenure, specifically when they cease to hold office due to losing the Legislative Assembly's confidence. While Article 164 states a CM holds office "during the pleasure of the Governor," this is not absolute, being contingent on maintaining Assembly confidence. The Governor can remove a CM who has lost confidence, but the CM must be allowed to prove their majority via a floor test. The article emphasizes that the ultimate test of confidence lies on the floor of the House, not the Governor's subjective assessment, and discusses the Governor's role in summoning the Assembly.
- A Chief Minister holds office "during the pleasure of the Governor," but this is conditional on retaining the confidence of the Legislative Assembly.
- The Governor can remove a CM who has lost confidence, but the CM must be given an opportunity to prove their majority through a floor test.
- The Governor's power to summon the Assembly for a floor test is crucial in determining the CM's majority.
The Supreme Court clarified that the Chief Justice of India's (CJI) involvement in appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) was a temporary measure, pending a new law from Parliament. This statement came during challenges to the 2023 Act, which replaced the CJI with a Union Cabinet Minister on the selection panel. Petitioners argue the new law grants the executive dominant control, overriding a March 2023 Constitution Bench judgment (Anoop Baranwal v. Union of India) that mandated a committee including the PM, LoP, and CJI to ensure the Election Commission's "fierce independence."
- The Supreme Court stated that the CJI's role in the CEC and EC appointment committee was a temporary arrangement until Parliament enacted a new law.
- Petitions challenge the 2023 Act, which replaced the CJI with a Union Cabinet Minister on the selection panel, arguing it gives the executive excessive control.
- The 2023 Act effectively countermands the March 2023 Constitution Bench judgment in Anoop Baranwal v. Union of India.
The Andaman and Nicobar Islands administration approved the ₹92,000-crore Great Nicobar Island project, despite failing to meet the mandated 50% quorum at gram sabha meetings. Attendance ranged from 2% to 15%, which the administration defended as "proper quorum" in the Calcutta High Court. Petitions allege violations of the Forest Rights Act (FRA), which requires 50% adult population attendance (one-third women) for a quorum. The administration claimed due process and tribal representation via the Sub-Divisional Level Committee (SDLC). However, petitioners argue Nicobarese and Shompen tribes are covered by Tribal Councils, not gram sabhas, and highlighted repeated names in attendance lists.
- The A&NI administration approved the ₹92,000-crore Great Nicobar Island project despite failing to meet the mandated 50% quorum for gram sabha meetings.
- The administration argued in court that low attendance (2-15%) still constituted a "proper quorum" and that tribal representation was ensured via the Sub-Divisional Level Committee (SDLC).
- Petitioners allege violations of the Forest Rights Act (FRA) and contend that Nicobarese and Shompen tribal communities should be consulted through Tribal Councils, not gram sabhas.
Five major publishers (Hachette, Macmillan, McGraw Hill, Elsevier, Cengage) and bestselling novelist Scott Turow have filed a class-action lawsuit against Meta and Mark Zuckerberg. The lawsuit, filed in the US District Court for the Southern District of New York, alleges that Meta illegally used millions of copyrighted works, including pirated books and journal articles from sites like Anna's Archive, to train its AI program Llama. The plaintiffs claim this infringes copyright, removes copyright notices, and threatens the livelihoods of writers by enabling AI-generated copycat books and summaries that displace human-authored works.
- Five major publishers and author Scott Turow sued Meta and Mark Zuckerberg for copyright infringement.
- The lawsuit alleges Meta illegally used millions of copyrighted works to train its AI program Llama.
- Meta is accused of sourcing pirated books and articles from websites like Anna's Archive for training data.
The term 'ecocide' refers to widespread, severe environmental damage, often caused by human actions during conflict, as seen in recent accusations against Israel regarding West Asia. Environmental groups advocate for its inclusion as an international crime under the Rome Statute, which currently classifies serious environmental damage as a 'war crime' only during war. Unlike existing anthropocentric laws, 'ecocide' would focus on harm to the environment as a separate entity. Challenges for its inclusion include achieving a 2/3rds majority vote from State Parties to the Rome Statute and issues of jurisdiction, as many nations, including Iran and Lebanon, are not ICC State Parties.
- 'Ecocide' denotes widespread and severe environmental damage, often linked to conflict.
- The term was coined in 1970 and first codified in Vietnam's domestic law in 1990.
- Current international laws, like the Rome Statute and Geneva Conventions, address environmental damage but are anthropocentric, focusing on harm to humans.
The Supreme Court dropped contempt proceedings against AIIMS Delhi after the hospital complied with an order to medically terminate a 30-week pregnancy of a 15-year-old girl. AIIMS reported that the procedure resulted in the live birth of a baby boy with certain disabilities, who has an 80% survival rate and is in NICU. Justices B.V. Nagarathna and Ujjal Bhuyan acknowledged the difficulty of the situation, emphasizing the minor's fundamental right to reproductive autonomy under Article 21. The court also highlighted the societal trend of unwanted pregnancies among minors and the legal and medical crises it creates.
- The Supreme Court dropped contempt proceedings against AIIMS Delhi after the termination of a minor's 30-week pregnancy.
- The procedure resulted in the live birth of a baby boy with disabilities, having an 80% survival rate.
- AIIMS had initially hesitated, seeking review and filing a curative petition, citing high risks for a live birth with congenital disabilities.
The Union Cabinet approved the Supreme Court (Number of Judges) Amendment Bill, 2026, to increase the strength of Supreme Court judges from the current 34 (including the CJI) to 38. This move, recommended by CJI Surya Kant, aims to enhance the court's efficiency, ensure speedy justice, and facilitate the establishment of a permanent constitution bench. The expenditure for the additional judges and staff will be met from the Consolidated Fund of India. The last increase in strength was in 2019, raising it from 30 to 33 judges.
- The Union Cabinet approved a Bill to increase the Supreme Court's judicial strength.
- The number of judges will rise from 34 (including CJI) to 38 (including CJI).
- The Chief Justice of India Surya Kant recommended this increase to improve efficiency and facilitate a permanent constitution bench.
During a hearing on review petitions concerning the 2018 Sabarimala judgment, a nine-judge Supreme Court bench, led by Chief Justice of India Surya Kant, severely questioned the locus standi and intent of the original petitioner, Indian Young Lawyers Association (IYLA). CJI Kant remarked that the PIL should have been 'thrown outright in the dustbin,' while Justice M.M. Sundresh called it 'a clear abuse of the process of law.' The bench also questioned the practice of barring Parsi women from fire temples if they marry outside the religion, linking it to freedom of conscience under Article 25(1).
- The Supreme Court bench questioned the locus standi and intent of the original petitioner in the Sabarimala case.
- CJI Surya Kant stated that the original PIL should have been 'thrown outright in the dustbin.'
- Justice M.M. Sundresh described the filing of the petition as 'a clear abuse of the process of law.'
The Allahabad High Court ruled that provisions in a later law override inconsistent earlier court orders, reaffirming the supremacy of the Forest Rights Act (FRA) 2006. This decision struck down the District Level Committee's (DLC) rejection of forest rights claims by the Tharus of Palia Kalan Tehsil, which was based on a 2000 Supreme Court interim order. The ruling highlights the repeated disregard for the FRA, including eviction orders and denial of grazing rights, despite the Act's clear provisions. The FRA disallows eviction until verification is complete and recognizes grazing rights in all forests, overriding State laws like the Tamil Nadu Forest Act (TNFA) 1882.
- The Allahabad High Court reinforced the legal principle that later laws override inconsistent earlier court orders, upholding the Forest Rights Act (FRA) 2006.
- The ruling overturned the DLC's rejection of forest rights claims by the Tharus tribal community, which was based on an outdated Supreme Court order.
- The FRA prohibits eviction of forest dwellers until their claims are verified and recognizes grazing rights in all forest areas.
The article discusses whether the Prime Minister's April 18 broadcast, aired live on Doordarshan, Sansad TV, and All India Radio, violated the Model Code of Conduct (MCC) during the election period. The MCC prohibits the party in power from using public resources and government machinery for campaigning. The broadcast raised questions under both the MCC and Sections 123(3) and 123(7) of the Representation of the People Act, 1951, regarding corrupt practices and assistance from government servants. While Section 123(3) focuses on appeals based on religion, race, caste, community, or language, Section 123(7) addresses the procurement of government servants' assistance. The Election Commission's inaction on the complaints has been highlighted.
- The Prime Minister's broadcast on public media during elections raised questions about MCC violation.
- The MCC prohibits the misuse of public resources and government machinery for partisan campaigning.
- Relevant legal provisions include Sections 123(3) and 123(7) of the Representation of the People Act, 1951.
The Supreme Court has expanded the definition of "acid attack victims" under the Rights of Persons with Disabilities Act, 2016, to include individuals who were forcibly administered acid. Previously, the Act only recognized acid-throwing victims. This decision, made by a Bench led by Chief Justice Surya Kant and Joymalya Bagchi, ensures that survivors of forcible acid ingestion can retrospectively claim disability benefits from the Act's inception. The court utilized its plenary powers under Article 142 for this. Solicitor-General Tushar Mehta mentioned a proposed amendment to the Act's Schedule. The court also recommended a comprehensive policy framework for the survivors' extensive medical treatment.
- The Supreme Court has broadened the definition of "acid attack victims" in the RPWD Act, 2016, to include those forcibly administered acid.
- This ruling ensures retrospective disability benefits for these survivors, many of whom are women.
- The court exercised its plenary powers under Article 142 to issue this order.
The Supreme Court has expressed concern over the potential misuse of welfare benefits by individuals falsely claiming transgender identity. This arose during hearings on petitions challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026. The Act requires a government-appointed medical Board's recommendation for certification, which petitioners argue removes the right to self-identification and violates their rights. Chief Justice Surya Kant questioned the danger of such masquerading for reservations or privileges, while a senior advocate stated the risk of faking identity was minimal. The court issued notice to the Centre and States, noting the Act is not yet notified.
- The Supreme Court is examining the potential for misuse of welfare benefits by individuals falsely identifying as transgender.
- Petitions challenge the Transgender Persons (Protection of Rights) Amendment Act, 2026, for removing self-identification and requiring medical board certification.
- Petitioners argue the Act disregards authentic human identity and violates rights.
The article discusses the Supreme Court's stance on reproductive autonomy and abortion, particularly concerning minor rape victims. While acknowledging a woman's right to reproductive autonomy, the Court has also highlighted the essential role of clinical review, especially for advanced pregnancies. It noted that terminating a pregnancy at an advanced stage (e.g., 30 weeks) could be detrimental to the health of the teenage mother. Indian law currently permits termination up to 24 weeks of gestation. The piece emphasizes that decisions on abortion, particularly regarding gestational age, must be guided by sound medical advice to assess risks and ensure the woman's health and life are not compromised.
- The Supreme Court acknowledges a woman's right to reproductive autonomy but stresses the importance of medical advice for abortion decisions.
- The Court has asked the Union government to amend abortion law to remove time limits for medical termination in cases of minor rape victims.
- Terminating pregnancies at advanced stages, such as 30 weeks, is considered inimical to the health of the mother.
The article highlights the growing threat of online censorship in India, with the government allegedly misusing IT Rules, 2021, and Sections 69A and 79(3)(b) of the IT Act, 2000, to take down content and accounts. This practice, often under the guise of fighting AI-generated content, is seen as silencing independent voices and distorting public discourse to benefit the ruling party. The author criticizes the lack of transparency in takedown data and the pressure on social media platforms to comply automatically. The piece also mentions the Sahyog portal, which police officials use for takedown requests, and the disregard for Supreme Court precedents like Shreya Singhal vs Union of India.
- The Union government is accused of misusing IT Rules, 2021, and specific sections of the IT Act, 2000, for online censorship.
- Censorship practices are seen as a threat to free expression, silencing independent voices, and distorting public discourse.
- The Sahyog portal is criticized for supercharging takedown requests from police officials, bypassing proper legal scrutiny.
The Supreme Court has agreed to examine a plea challenging the apnoea test, a crucial component for declaring brain death, citing concerns about its potential to cause further brain damage and its applicability across diverse patient populations. The petition argues that the existing guidelines for brain death declaration, which include the apnoea test, are outdated and may not align with international best practices. The court emphasized the need for a comprehensive review by a committee of experts, considering the ethical, medical, and legal implications of organ donation and the definition of death.
- The Supreme Court will examine a plea challenging the apnoea test for brain death declaration.
- Concerns include potential for further brain damage and varied applicability across patients.
- The petition argues existing guidelines for brain death declaration are outdated.
Allahabad High Court judge Yashwant Varma resigned following an inquiry into unaccounted cash found at his Delhi residence in 2025. The Supreme Court Collegium repatriated him, and an in-house committee found 'covert or active control' over the cash, recommending impeachment. The Law Ministry reported 8,630 complaints against judges between 2016-2025, but details on actions taken are scarce, leading to calls for greater transparency. Activists argue that judicial corruption is difficult to address due to opacity and lack of effective mechanisms, with even impeachment requiring political will. The article also touches upon a related controversy where an NCERT textbook referencing 'corruption in the judiciary' was withdrawn.
- Justice Yashwant Varma resigned following an inquiry into unaccounted cash found at his residence.
- The Supreme Court Collegium initiated an in-house inquiry, which recommended impeachment.
- Concerns about opacity in handling complaints against judges and lack of effective accountability mechanisms were raised.
The National Green Tribunal's Southern Zone Bench has directed all five southern States and Puducherry to ensure strict and time-bound implementation of their State Action Plans (SAPs) under the National Clean Air Programme (NCAP). The NGT flagged persistent particulate pollution across the region and warned that continued under-utilisation of clean air funds could attract environmental compensation. This directive highlights air pollution governance in the southern States, an issue often overshadowed by concerns in northern regions like Delhi-NCR. Karnataka, for instance, utilized only 13% of its allocated funds by October 2024, though a later affidavit reported 76% utilization by September 2025.
- NGT's Southern Zone Bench directed southern States and Puducherry to implement State Action Plans under NCAP.
- The tribunal highlighted persistent particulate pollution in the region.
- Under-utilisation of clean air funds could attract environmental compensation.
The Union Home Ministry has notified changes to the Citizenship Rules, 2009, introducing a digital shift for Overseas Citizen of India (OCI) cardholders and citizenship applications. The amendments, known as the Citizenship (Amendment) Rules, 2026, include a specific proviso for citizenship applicants: a minor child cannot hold a passport of any other country while also holding an Indian passport. The changes also introduce online initiatives for OCI cardholders, such as a digital application and renunciation process through an official portal, https://ociservices.gov.in.
- The Union Home Ministry notified changes to the Citizenship Rules, 2009, introducing digital processes for OCI and citizenship applications.
- A key proviso states that a minor child cannot hold a foreign passport while also holding an Indian passport.
- The amendments are officially known as the Citizenship (Amendment) Rules, 2026.
Karnataka has operationalized India's first specialized digital grievance redressal mechanism for platform-based gig workers. Developed by the Karnataka Platform-based Gig Workers' Board in collaboration with the Department of e-Governance, this portal allows gig workers to lodge grievances regarding pay, working conditions, and platform-specific disputes through the Integrated Public Grievance Redressal System (IPGRS) portal. This initiative aims to create a formal and transparent bridge between gig workers and aggregators, ensuring legal recourse and timely resolution. Labour Minister Santosh Lad highlighted that this system structures the gig economy, ensuring every worker's voice is heard.
- Karnataka launched India's first digital grievance redressal mechanism for gig workers.
- The portal, part of the Integrated Public Grievance Redressal System (IPGRS), allows workers to lodge complaints.
- Grievances cover issues like pay, working conditions, and platform-specific disputes.