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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution.

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 S...

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Supreme Court Addresses Allegations of Corrupt Practices in Election Petition Under Representation of People Act, 1951. The Case Examines Whether Distribution of Dummy Ballot Papers Omitting Candidate's Symbol and Government Benefits Constitute Corrupt Practices Under Section 123.

The appeal arose from an election petition filed by an unsuccessful candidate challenging the election of the returned candidate, who contested as a C...

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High Court of Karnataka Dismisses Quo Warranto Petitions Challenging Appointment of Parliamentary Secretaries. Petitioners failed to establish that the appointments violated Article 164(1A) of the Constitution of India as the incumbents were not Members of the Legislative Council.

The petitioners, two Members of the Karnataka Legislative Assembly, filed writ petitions under Articles 226 and 227 of the Constitution of India seeki...

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Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...

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Bombay High Court Dismisses Challenge to Election of Deputy Chairman of Maharashtra Legislative Council. Court holds that election of Deputy Chairman is an internal matter of the House and not subject to judicial review under Articles 226 and 227 of the Constitution of India.

The petitioner, Mr. Gopichand Kundalik Padalkar, a Member of the Legislative Council of Maharashtra, challenged the election of Respondent No. 4, Dr. ...

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Karnataka High Court Dismisses PIL Challenging Validity of Karnataka Parliamentary Secretaries Allowances Act, 1963 and Appointment of Parliamentary Secretaries. The Court held that the Act is within legislative competence and appointments are valid under Article 164(1-A) of the Constitution.

The judgment pertains to two Public Interest Litigation (PIL) petitions filed before the Karnataka High Court challenging the constitutional validity ...

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Supreme Court Disposes of Writ Petition on Governor's Delay in Summoning Assembly After Order Issued. Governor's Duty to Act on Council's Advice and Chief Minister's Duty to Furnish Information Under Article 167 of Constitution Clarified.

The dispute arose from the Governor of Punjab's initial refusal to summon the Budget Session of the Sixteenth Punjab Vidhan Sabha, which had been reco...

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Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...

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High Court of Judicature at Bombay Hears Challenge to Induction of Non-Legislator Ministers with Less Than Six Months Remaining in Assembly Term. Conformity of Such Induction with Article 164(4) of the Constitution of India Questioned.

The High Court of Judicature at Bombay heard two writ petitions under Article 226 of the Constitution of India filed by Vijay Namdeorao Wadettiwar (a ...

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High Court of Karnataka Dismisses PILs Challenging Bye-Elections to Parliamentary Constituencies for Lack of Merit. Section 151A of Representation of the People Act, 1951 does not mandate simultaneous elections; bye-elections can be held separately.

The judgment concerns a batch of writ petitions filed as public interest litigations challenging the Election Commission of India's decision to conduc...