ValkyaEditorial

Tagged “separation-of-powers”

3 articles on separation-of-powers.

Landmark JudgmentSupreme Court of India

Ashwini Kumar Upadhyay v. Union of India: dismissing the hate-speech batch

On 29 April 2026, a two-judge bench dismissed thirteen writs, two SLPs and eight contempts in the long-running hate-speech batch, holding that constitutional courts cannot create criminal offences, that no legislative vacuum exists in the IPC/BNS framework, and that police failure to register a suo motu FIR is not, by itself, contempt.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Anoop Baranwal v. Union of India: the appointment of Election Commissioners and Parliament's 2023 response

On 2 March 2023, a five-judge Constitution Bench unanimously held that the Chief Election Commissioner and Election Commissioners must, until Parliament legislates, be appointed by the President on the recommendation of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. Parliament's response — the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 — replaced the CJI with a Union Cabinet Minister, and the constitutional challenges to the Act are now pending. A digest of the judgment, the committee architecture, and the contested response.

Valkya Editorial··8 min
Landmark JudgmentSupreme Court of India

Madras Bar Association v. Union of India: the tribunal-reforms arc from the July 2021 striking-down to the November 2025 full invalidation

Across two engagements separated by four years, the Supreme Court has held the Tribunals Reforms architecture introduced by the Union to be inconsistent with the constitutional protection of judicial independence. In July 2021, a three-judge bench struck down provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 by 2:1. In November 2025, a two-judge bench led by Chief Justice B.R. Gavai held that the Tribunals Reform Act, 2021 was unconstitutional and inconsistent with the basic structure. A digest of both engagements, the doctrinal frame, and the tribunal-independence architecture they leave.

Valkya Editorial··9 min