The Week That Was: The Supreme Court of India

The week in between two long vacations for the Supreme Court proved to be slightly disappointing, with a major chunk of the court’s time devoted to the case that has been mistakenly referred to as the ‘Hindutva’ case. Despite that, there were some events of interest..Read the highlights from the week below..Monday, October 24.Women to enter Haji Ali.In a major victory for female worshippers, Mumbai’s Haji Ali Dargah Trust submitted that women will be allowed till the inner sanctum sanctorum of the Dargah. Senior Advocate Gopal Subramanium, who appeared for the Trust, told the court that it has already passed a resolution to implement the Bombay High Court’s directions..A Bench presided by Chief Justice TS Thakur disposed of the case after allowing four weeks’ time to the Trust to implement the directions of the Bombay High Court..Tuesday, October 25.‘One Bar One Vote’ tussle reaches Apex Court.The Supreme Court has found itself in the middle of the Delhi High Court Bar Association’s ‘One Bar One Vote’ woes. A Bench of Justices Pinaki Chandra Ghose and Ashok Bhushan heard the appeal filed by two Bar associations in Delhi – Dwarka and Shahdara, against the Delhi High Court’s judgment on the ‘One Bar One vote’ rule in Bar Association elections. The matter was adjourned and is now likely to be heard in the second week November..Parliament can amend laws retrospectively.The Court upheld the constitutional validity of sub-section (3) of Section 5 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015 by which the term of the market committee was reduced from three years to one year by giving retrospective effect in the Amendment Act..In an appeal filed by one Cheviti Venkanna Yadav, a Bench of Justices Dipak Misra and Shiva Kirti Singh held that the legislature has the power to enact laws, including the power to retrospectively amend laws, and, thereby, remove causes of ineffectiveness or invalidity. The Court held that when a law is enacted with retrospective effect, it is not considered as an encroachment upon judicial power when the legislature does not directly overrule or reverse a judicial dictum..Wednesday, October 26.Pay inequality strikes at very foundation of human dignity, rules Court.The Court held that the constitutional principle of equal pay for equal work would extend to temporary employees. The Bench comprising Jagdish Singh Khehar and SA Bobde JJ. also held that a denial of the same “constitutes an act of exploitative enslavement, emerging out of a domineering position.”.The verdict was delivered in a batch of petitions filed by temporary employees seeking parity in wages with regular employees. They approached the Supreme Court claiming that the activities carried on by them and the regular employees were similar..Read judgment here..Thursday, October 27.The court reserved its verdict on the “width and scope” of an electoral law provision dealing with the issue of whether seeking votes or asking electors not to vote on the ground of “religion, race, caste, community or language”, amounted to “corrupt practice”..A seven judge Bench was deliberating over the possible ramifications of Section 123 (3A) of the Representation of People’s Act. However, in earlier hearings, the Bench had decided not to delve into the question of what constitutes the term ‘Hindutva’..Friday, October 28.Supreme Court raps government for delaying judicial appointments.The cause of judicial appointments is clearly very close to the Chief Justice’s heart as was evident from his teary-eyed speech at this year’s Independence Day conference..And this week, it chastised the government yet again for dragging its feet on the issue. The Bench started dictating an order to summon officials from the Prime Minister’s Office, but calmed down when AG Rohatgi asked for one last reprieve. The matter was adjourned to November 11. .DND Flyway Case to be taken up on November 6.The DND or Delhi-Noida-Direct Flyway connecting the National capital to neighbouring Noida in the State of Uttar Pradesh will remain toll-free for now, as the Supreme Court refused the Noida Toll Bridge company’s request to stay the decision of the Delhi High Court..“You made a 10 km road but you are talking as if you had made a road to the moon!” Chief Justice of India TS Thakur said after Senior counsel Abhishek Manu Singhvi contended that the company had built and is maintaining an “excellent highway”..PIL to protect the dignity of the National Anthem.The Court issued a notice to the Central government, in a Public Interest Litigation (PIL) seeking directions to the government to take appropriate steps to specify what would constitute disrespect and abuse of the National Anthem..A Division Bench comprising Justice Dipak Misra and Justice Amitava Roy issued notice returnable in four weeks in the petition filed by Shyam Narayan Chouskey. Advocate Abhinav Srivastava, who appeared for the petitioner, submitted that the national anthem is to be respected and shown due honour by everyone in this country.