Nine Judge Benches

There have been only 10 decisions by a Bench of Nine Judges at the Supreme Court. Justice K S Puttaswamy v. Union of India, [Writ Petition (Civil) No. 494 of 2012] is the most recent. In Puttaswamy, CJI Khehar chose not author a judgment and instead relied on Justice Chandrachud. This is odd. It has happened only […]

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The Discomfort of ADM Jabalpur

ADM Jabalpur must be confined to the dustbin of history. Hon’ble Justices Aftab Alam and A.K. Ganguly in Rajnath Chauhan, (2010) 14 SCC 209 were clear on that conclusion. Two months after the pronouncement of judgment, Times of India carried the following headline: ADM Jabalpur is a flop movie, only remembered fondly for the stellar […]

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The Doctrine of Widest Construction

“The jurisprudential basis for the ‘rule of widest construction’ is the hallowed belief that a Constitution is drafted with an eye on future providing a continuing framework for exercise of governmental power. Therefore, it must be elastic enough to meet new social, political and historical realities often unimagined by the framers of the Constitution. Chief […]

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