journal

Kerala, Tamil Nadu governors

Analysis

Supreme Court asks why the TN Governor needs the Court’s intervention to pass bills per Article 200

The top Court heard challenges to the Kerala and Tamil Nadu Governors’ withholding of Bills passed twice by the state legislative assemblies

Gauri Kashyap

20th Nov 2023

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Analysis

Does the Constitution protect MLAs from charges of bribery?

A 7-judge Bench will examine if MLAs who accept bribes to vote in a house of legislature enjoy immunity from prosecution.

Joyston D'Souza

27th Sep 2023

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Analysis

Maharashtra Political Crisis: Are Party Defections and Party Splits the Same?

With the application of defection law being unclear, the SC will decide whether the case needs to be heard by a larger Bench.

Gauri Kashyap

22nd Jul 2022

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Analysis

Court in Review: Defection of Assembly Members

The Constitution of India bans members of the House from defecting from their political party.

Ajoy Karpuram

9th Jul 2022

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Analysis

SCO Shorts: Shiv Sena’s Floor Test in Maharashtra

SC refuses to delay the impending Maharashtra floor test. Uddhav Thackarey promptly resigns as CM.

Ayushi Saraogi and Gauri Kashyap

30th Jun 2022

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Shiv Sena disqualification

Analysis

SC Refuses to Stay Maharashtra Governor’s Call for Floor Test

MH Government argued that defection of rebel MLAs must be investigated before the floor test is conducted. MLAs argued two are unrelated.

Ayushi Saraogi

29th Jun 2022

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Analysis

Reviewing Week 4 (2022) : Judgments on Reservations and MLA Suspension

DESK BRIEF: Judgments on Reservations in Promotions for SC/STs, and the suspension of 12 BJP MLAs from the Maharashtra Legislative Assembly.

Gauri Kashyap

29th Jan 2022

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Analysis

7 legal questions on ‘Pro-tem Speaker’

Appointment of K.G. Bopiah as pro-tem speaker challenged by Opposition as unconstitutional.

SCO Team

19th May 2018

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cases

The State of Tamil Nadu v Governor of Tamil Nadu

The Supreme Court will hear petitions filed by the Tamil Nadu government against the Tamil Nadu Governor's withholding of pending bills passed by the state legislature. This case concerns the obligations of the Governor under Article 200, which deals with the Governor's power to assent to Bills.

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Next Hearing: December 8, 2023

Last Updated:

Bench:D.Y. Chandrachud CJI, J.B. Pardiwala J, Manoj Misra J

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State of Kerala v Governor for State of Kerala

The Supreme Court will hear petitions from the Kerala government against the Governor of Kerala withholding assent on pending bills. This case concerns the obligations of the Governor under Article 200, which deals with the Governor's power to assent to Bills.

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Next Hearing: November 29, 2023

Last Updated:

Bench:D.Y. Chandrachud CJI, J.B. Pardiwala J, Manoj Misra J

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N. Ravi v Speaker, Legislative Assembly Chennai

The Supreme Court will decide if the immunities enjoyed by law makers under Article 194 overrides the fundamental right to freedom of speech under Article 19

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Ashish Shelar v Maharashtra Legislative Assembly

The Supreme Court will decide whether the parliamentary resolution suspending 12 MLA’s from the Maharashtra Legislative Assembly for a year violates the Maharashtra Legislative Assembly Rules. Further, the Court will decide the balance between the speakers power to maintain the decorum of the house and MLAs' right to freely express themselves.

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Sita Soren v Union of India

A seven-Judge Bench unanimously held that a lawmaker does not enjoy immunity under Articles 105(2) and 194(2) of the Constitution against bribery.

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