Insights

The Supreme Court of India delivered an important judgment in the case of Zaffar Hussain Shah vs. Union of India and Ors. The case was an appeal against a decision made by the Jammu and Kashmir High Court, addressing legal issues related to Zaffar Hussain Shah’s claims. This judgment has broader implications for the interpretation of constitutional and administrative laws in the region, particularly after the abrogation of Article 370, which provided special status to Jammu and Kashmir.

On February 27, 2025, the Supreme Court of India delivered a landmark judgment in the case of Radhika Agarwal vs. Union of India and Others (Writ Petition (Criminal) No. 336 of 2018), addressing the constitutional validity and application of arrest provisions under the Goods and Services Tax (GST) Act, 2017 and the Customs Act, 1962.

On February 26, 2025, the Supreme Court of India delivered a landmark judgment in favor of retired government employees by ruling that pensionary benefits cannot be denied to an employee solely due to unauthorized absence from duty unless it is established that the absence involves an offense of moral turpitude. This judgment holds significant importance as it addresses the long-standing issue of withholding pensionary benefits for various reasons, including absences and other forms of misconduct.

The Supreme Court of India delivered a crucial judgment, refusing to entertain a petition that challenged the fees and incidental charges levied by the Bar Council of India (BCI)  for the All India Bar Examination (AIBE). The petitioners had raised concerns that the Bar Council's fee of Rs. 3,500 for the examination violated a previous Supreme Court ruling regarding the regulation of fees. In its judgment, the Court highlighted the importance of enabling the Bar Council of India to generate revenue to sustain its operations, rather than restricting its ability to manage its financial resources.

On February 24, 2025, the Supreme Court of India rendered a landmark judgment in the case Md. Bani Alam Mazid vs. State of Uttar Pradesh, acquitting Md. Bani Alam Mazid, who had been convicted of murder and sentenced to death. This judgment, after an extensive legal battle spanning over two decades, underscores the critical importance of upholding the principles of justice, fairness, and the presumption of innocence in the criminal justice system.

On February 24, 2025, the Supreme Court of India delivered a historic ruling in a case that emphasized the critical importance of press freedom in India. In a landmark judgment, the Court quashed criminal proceedings that had been filed against journalists, reinforcing the principle that the media plays a vital role in the functioning of a democratic society. This decision serves as a clear reminder that journalistic activities should not be criminalized without substantial evidence and that such actions must not undermine the freedom of the press.

On February 21, 2025, the Supreme Court of India delivered a significant judgment in the case of Dr. R.K. Gupta vs. Medical College of Delhi, where the Division Bench of the Court rejected the claim of an individual with disabilities seeking admission to a medical course. The Court upheld the decision of the medical college to deny admission, emphasizing the importance of adhering to established eligibility criteria and admission procedures. This ruling has sparked debate on the balance between inclusive education and the strict application of academic requirements.

The judicial system of India is built on a careful balance between the powers of the courts and the functions of specialized tribunals. Tribunals, created by legislative bodies, are intended to handle specific types of cases that require specialized knowledge and expertise. However, the scope of judicial review by the High Courts, especially under Article 226 of the Constitution, has often raised questions about whether they can overstep their jurisdiction to intervene in matters that fall within the domain of statutory tribunals. The recent ruling by the Supreme Court in Bank of Baroda vs. Farooq Ali Khan provides valuable insight into this issue, affirming the primacy of tribunals in handling complex cases such as insolvency matters.

On February 18, 2025, a landmark hearing began in the Supreme Court of India regarding the scope of judicial intervention in arbitral awards under the Arbitration and Conciliation Act, 1996.  The case, titled Union of India v. M/s. Hindustan Construction Company Ltd.",  will address a crucial question: Can the courts modify arbitral awards, or are their powers confined only to setting them aside or upholding them?