SUPREME COURT: REPEALING ACT DOES NOT REQUIRE PRESIDENTIAL ASSENT
Case:M/S S.R.S. Travels vs. Karnataka State Road Transport Corporation & Ors.
The Supreme Court recently ordered that new law does not need Presidential assent under Article 254 of Indian Constitution which deals with Doctrine of Repugnancy. It ruled that new law does not need fresh assent if it repeals old law. The Apex Court has set aside the High Court ruling in Karnataka Motor Vehicles Taxation ( Amendment) Act,2003 which allows the Secretary of State Transport Authority (STA) to issue permits allowing private operators greater participation in the transport sector.
Legal Provisions:
- Article 254 (Doctrine of Repugnancy).
- Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003.
SUPREME COURT QUESTIONS TAMIL NADU GOVERNOR ON PENDING BILLS
Case:State of Tamil Nadu vs. Governor of Tamil Nadu & Anr.
Recently while hearing a writ petition based on Governors withholding the bills for an indefinite period of time. The writ filed by the State Government in 2023 related to Governors holding the bill, the court noted Governor has withheld the assent to bills passed by the Assembly and without returning them for reconsideration under Article 200. This disrupts the smooth functioning of the government in the state. The Attorney General mentioned the Governor's decision was based on perceived Repugnancy to central laws. Then the Court mentioned How would the government come to know what's in the issue with the bill? Also who clear this deadlock!
Legal Provisions:
SUPREME COURT SETS ASIDE DEATH PENALTY DUE TO UNFAIR TRIAL
Case:Unnamed vs. State
Recently, the death penalty has been awarded to the accused by the Trail Court. The same was confirmed by the High Court. Challenging the penalty in the apex Court, the appellant asked for the FAIR TRIAL and complete laboratory Examination in purview of experts. The Apex Court remanded this matter as the accused was not given proper opportunity and time to prove themselves. Also observed undue haste in concluding the trail with two months since the registration of case and also mentioned flawed trail where DNA report was relied upon with proper Expert examination. Court also ordered fresh trail with expert testimonies
Legal Provisions:
- Article 21 (Right to Fair Trial),
- IPC Section 376(DB) (Gang Rape of Minor).
Source- Supreme Court of India
Also Read-DAILY CURRENT AFFAIRS (06 FEBRUARY 2025)