Constitutional Law

On May 6, 2026, the Supreme Court directed the Union and State governments to implement the policy of upward movement for Persons with Benchmark Disabilities (PwBD). Under this policy, PwBD candidates who score above the general category cut-off on their own merit must be considered against unreserved vacancies, rather than being confined to the reserved quota. The Court confirmed that this approach advances the constitutional mandate of equality, dignity, and inclusion under

The Supreme Court of India began hearing petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The hearings, which commenced on May 6, 2026, before a bench of Justices Dipankar Datta and Satish Chandra Sharma, examine whether the exclusion of the Chief Justice of India from the selection committee for Election Commissioners undermines the independ

On May 5, 2026, the Union Cabinet approved the Supreme Court (Number of Judges) Amendment Bill, 2026, raising the sanctioned strength of the Supreme Court of India from 34 to 38 judges, including the Chief Justice of India. This marks the first expansion of the apex court's bench strength since 2019 and comes in response to an unprecedented backlog of pending cases that has strained judicial capacity for years. Background: Why the Expansion Was Needed The Supreme Court of In

The Supreme Court of India in 2026 modified a Jammu and Kashmir and Ladakh High Court judgment concerning the closure of the Rehbar-e-Taleem (ReT) scheme, holding that the formal closure of the scheme cannot retrospectively impair the rights of candidates who had already been placed in select panels. The Court ruled that candidates who meet the statutory educational standards and were duly selected before the scheme's closure retain their appointment rights. This decision has

During the ongoing hearings before the nine-judge Constitution Bench in the Sabarimala reference case in May 2026, Senior Advocate Khambata made a significant submission that the English doctrine of coverture was never accepted in Indian law and has never been part of the Indian legal system. The nine-judge Bench, led by CJI Surya Kant, heard this argument as part of the broader examination of religious rights, gender equality, and personal law in India. While the primary ref

The Supreme Court of India in May 2026 granted anticipatory bail to Congress leader Pawan Khera in a forgery case, observing that the allegations appeared to be politically motivated and influenced by political rivalry rather than constituting a genuine criminal matter warranting custodial interrogation. This order raises important questions about the scope of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023 (corresponding to the former Secti

The Supreme Court Collegium, in its meeting held on May 4, 2026, approved the elevation of thirteen advocates and judicial officers as judges across two High Courts. Ten names were cleared for the Punjab and Haryana High Court, including seven advocates (Monica Chhibber Sharma, Harmeet Singh Deol, Puja Chopra, Sunish Bindlish, Navdeep Singh, Divya Sharma, and Ravinder Malik) and three more names (Pravindra Singh Chauhan, Rajesh Gaur, and others) in a separate resolution. Addi

In May 2026, the Supreme Court of India made significant observations regarding the protection of homebuyers in stalled real estate projects. The Court emphasised the need to find a pathway for completion of such projects while safeguarding the rights of allottees who have invested their savings. With thousands of housing projects stalled across the country, particularly in the National Capital Region and other metropolitan areas, the judicial intervention aims to balance the

The Supreme Court of India's administrative decision to cancel the Advocate-on-Record (AoR) examination for 2026 has drawn legal challenge from affected advocates. A petition was mentioned before a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi in May 2026, with Senior Advocate Dama Seshadri Naidu appearing for the petitioners. The AoR certification is a mandatory prerequisite for advocates seeking the right to file cases directly before the Suprem

In Lucknow Public School v. State of Uttar Pradesh (2026 SCC OnLine SC 723), the Supreme Court of India held that once a student is allotted to a school by state education authorities through the centralised admission process, the school is bound to admit the student and cannot refuse admission on any ground not recognised by law. The judgment reinforces the right to education guaranteed under Article 21A of the Constitution and the Right of Children to Free and Compulsory Ed

On 4 May 2026, the Supreme Court of India declined to interfere with a National Company Law Appellate Tribunal (NCLAT) order that reinstated the original Committee of Creditors (CoC) in the insolvency proceedings of Think and Learn Private Limited (TLPL), the parent company of education technology platform Byju's. The Court dismissed the special leave petition filed by Byju Raveendran, the founder and former CEO of the company, who had challenged the reconstitution of the CoC

In Ashwini Kumar Upadhyay v. Union of India (2026 SCC OnLine SC 741), the Supreme Court of India addressed the limits of judicial power in relation to hate speech and communal disharmony. The Court held that the creation of criminal offences and the prescription of punishments are functions that lie exclusively within the legislative domain, and that the judiciary cannot create new offences or expand criminal liability through judicial directions. The judgment was delivered i

In Reliance Eminent Trading and Commercial Private Limited v. Delhi Development Authority (2026 INSC 436), the Supreme Court of India issued comprehensive guidelines on the exercise of power to pass summary judgment under Order XIII-A of the Code of Civil Procedure, 1908 in commercial suits. The Court held that judges must grasp the nettle and decide summary judgment applications when faced with neat points of law or construction, rather than routinely relegating matters to f

In State Bank of India and Others v. Doha Bank Q.P.S.C. (2026 INSC 423), decided on 28 April 2026, the Supreme Court of India held that liabilities arising from corporate guarantees squarely fall within the definition of financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016. The judgment, delivered by Justices PS Narasimha and Alok Aradhe, set aside concurrent orders of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tri

In The Secretary, Government of Tamil Nadu and Others v. S. Raja and Others (2026 INSC 407), decided on 22 April 2026, the Supreme Court of India delivered a significant judgment reinforcing the protection of third-party property rights against the misuse of status quo orders by government authorities. The case involved a protracted land dispute in Thazhambur, Chennai, where homebuyers who had purchased plots in good faith found their properties frozen by a government-obtaine