NCLAT: IRP Has Authority to Take Possession of Assets Owned by Corporate Debtor  ||  NCLAT: NCLT Can Direct Forwarding a Copy of its Order to Relevant Statutory Authorities  ||  Delhi HC: Centre to Expedite Process of Accessibility Features in OTT platforms for PwDs  ||  Delhi HC: Once Worker Provides Testimony Under Oath ‘Burden of Proof’ Shifts on Employer  ||  SC: There Cannot be Discrimination in Matter of Payment of Pension to Retired Judges  ||  SC: India is Not a Dharamshala that Can Entertain Foreign Nationals from All Over  ||  SC: Can Quash Domestic Violence Act Complaints Under Section 482 of CrPC  ||  Supreme Court: Can’t Use Statement of One Accused against Another  ||  SC: Inclusion of Name in Draft NRC Cannot Annul Foreigners Tribunal’s Declaration as Non-Citizen  ||  Supreme Court: Minimum Practice of 3 Years Mandatory to Enter Judicial Service    

Government of Meghalaya v. High Court of Meghalaya - (Supreme Court) (18 Mar 2016)

High Court cannot deliberate on constitutional validity of own accord

Human Rights

Meghalaya High Court’s suo moto cognizance on provisions in the Meghalaya Lokayukta Act, 2014 pertaining to appointment of the Chairperson and Members to the Lokayukta was impermissible, the Supreme Court held. Terming the High Court’s approach “erroneous”, the Court opined a High Court could not deliberate over legislative provisions and pass judgment, unless a person with locus standi had challenged the same. The High Court had passed judgment after the State government’s failure to set up a State Human Rights Commission within a reasonable time. It consequently fixed a deadline by which the State would have to make the body functional and issued directions regarding its constituting members. The Supreme Court directed the government to make functional the Meghalaya Human Rights Commission by the end of June 2016.

Relevant : State of Haryana v. State of Punjab MANU/SC/0524/2004 Union of India v. E.I.D. Parry (India) Ltd. MANU/SC/0058/2000

Tags : SUO MOTO   CONSTITUTIONAL VALIDITY   HUMAN RIGHTS  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved