ValkyaEditorial

Tagged “article-32”

6 articles on article-32.

Supreme CourtSupreme Court of India

Meenakshi Natarajan v. Election Commission of India (2026): Article 329(b) bars the writ court from the election process

A vacation bench of the Supreme Court dismissed Congress leader Meenakshi Natarajan's Article 32 challenge to the rejection of her Rajya Sabha nomination. The Court held that Article 329(b) insulates an ongoing election from writ intervention — however glaring the alleged illegality, the only remedy lies in an election petition once the poll is over.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Bilkis Yakub Rasool v. Union of India: the remission quashed

On 8 January 2024, a two-judge bench quashed the premature release of eleven convicts, holding that Gujarat was not the appropriate Government to grant remission under Section 432(7) CrPC and that the order directing it to act had been obtained by suppression of material facts.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

Bikram Chatterji v. Union of India: the Amrapali judgment and the court-supervised completion architecture

On 23 July 2019 a two-judge bench of Arun Mishra and U.U. Lalit, JJ. delivered the 270-page Amrapali judgment in exercise of plenary writ jurisdiction under Article 32 of the Constitution. Acting on the findings of a court-ordered Forensic Audit Report, the Court cancelled the Amrapali Group's RERA registration, cancelled the Noida and Greater Noida lease deeds, appointed NBCC (India) Ltd at an 8% commission to complete the stalled projects, appointed Senior Advocate R. Venkataramani as Court Receiver, directed the Enforcement Directorate to investigate offences under FEMA and PMLA, and ordered ICAI disciplinary action against the statutory auditor. Dues recoverable from the authorities and banks were ringfenced to attached promoter assets and were held not to be a charge on the homebuyers or the projects.

Valkya Editorial··15 min
Supreme CourtSupreme Court of India

State of West Bengal v. Committee for Protection of Democratic Rights: the constitutional ceiling on Section 6 of the DSPE Act

On 17 February 2010, a five-judge Constitution Bench of the Supreme Court — Balakrishnan CJ, Raveendran, D.K. Jain (authoring for the unanimous Bench), Sathasivam and Panchal JJ — held that the writ jurisdiction of the High Courts under Article 226 and of the Supreme Court under Article 32 is plenary and constitutional, and that a High Court may direct the Central Bureau of Investigation to investigate a cognisable offence within a State even without the State's consent under Section 6 of the Delhi Special Police Establishment Act 1946. Judicial review is part of the basic structure; the constitutional power cannot be fettered by ordinary legislation. But the power is to be exercised sparingly and in exceptional cases, to preserve federal balance. A close reading of the judgment, the underlying Garbeta incident, and the federalism architecture the Bench was working through.

Valkya Editorial··14 min