A nine-judge bench of the Supreme Court overturned a 45-year-old decision regarding privately owned resources. The Supreme Court upheld the validity of the UP Madrasa Act. The Supreme Court called the demolition of the house arbitrary. The Supreme Court gave an important decision on changing the recruitment rules in government jobs. Chief Justice DY Chandrachud became emotional on his last working day. What happened this week i.e. from 4th November to 9th November 2024? We have brought to you a weekly round up of some special orders/judgments and observations of the court. Overall, we will tell you about the main news of various courts of India happening this week.
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Government cannot take over every private property
A nine-judge Constitution bench of the Supreme Court ruled that under the Constitution, governments do not have the right to take over every privately owned resource (property) for the common good. The Constitution Bench overturned the 45-year-old Supreme Court decision with a majority of 7-2. Then the bench of Justice Krishna Iyer had ruled that all privately owned resources can be taken over by the governments for distribution in the common good under Article 39 (B) of the Constitution. Chief Justice D.Y. The Constitution bench led by Chandrachud also said that the government can lay claim to private properties in some cases. This historic decision can have a major impact on the rights of citizens to own property.
Madarsa Act of UP proved right in SC
The Supreme Court has upheld the validity of the UP Madrasa Education Board Act of 2004. Rejecting the decision of Allahabad High Court, the Supreme Court said that this law is not against the basic principle of secularism. The High Court had rejected this Act on the grounds that it violates the principle of secularism. The High Court had also said that the state government should recruit madrassa students in other schools. While giving the verdict, the Supreme Court said that only if the state does not have legislative power, then any law can be rejected. Or it violates a fundamental right or any other provision of the Constitution.
Bulldozers cannot be run like this overnight
The Supreme Court told the Uttar Pradesh government that you cannot bring bulldozers and do this overnight.
Demolish buildings. You don’t give time to the family to vacate the house. What about the household items kept in the house? A bench led by Chief Justice DY Chandrachud directed the UP government to pay compensation of Rs 25 lakh to a man whose house was demolished for a road widening project in 2019. The court said, ‘The process of demolishing the house was completely arbitrary. It was carried out without following the law. No notice was issued. It was just an announcement. You cannot just beat the drum and tell someone to vacate the house, we have come to demolish it.
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Important decision of the court on government jobs
The Supreme Court said that once the selection process for government jobs starts, its rules cannot be changed midway. The ‘rules of the game’ cannot be changed mid-stream unless the relevant rules explicitly permit it to do so. The recruitment process begins with the issuing of advertisements seeking applications and ends with the filling of the vacancy. A bench of 5 judges headed by Chief Justice DY Chandrachud unanimously said that if changes are allowed in the existing rules or criteria under the advertisement, then they should be in accordance with Article 14 (right to equality) of the Constitution and not arbitrary. The court also said that getting a place in the selection list does not confer full right of appointment. The State or its institutions may decide not to fill the vacancy for valid reasons. But if there are vacancies, appointment day cannot be denied to those people who are under consideration in the list.
Chandrachud became emotional on his last working day
Chief Justice DY Chandrachud is retiring on November 10, but Friday was his last working day on the Supreme Court bench. During this, in his farewell remarks he expressed gratitude for his long journey in the judicial system. He said that we are like pilgrims here. Like migratory birds for a short time, they do their work and go away. Chief Justice DY Chandrachud sat on the bench of court number one and also gave many decisions. After this he said that he has deep faith in the upcoming Chief Justice Sanjeev Khanna. Justice Khanna is taking oath as Chief Justice on November 11.
