Topic

Constitutional Validity

Constitutional validity in Indian law refers to whether a statute or government action complies with the provisions of the Constitution of India, particularly fundamental rights and separation of powers.

11 articlesLatest 3 weeks ago
MMDR Act & Constitutional Validity | SC Upholds Inclusion of DMF & NMET in Mineral Royalty Calculation : SC
Case Law Analysis
|Supreme Court of India

MMDR Act & Constitutional Validity | SC Upholds Inclusion of DMF & NMET in Mineral Royalty Calculation : SC

Supreme Court affirms legislative discretion in fiscal levies, ruling that royalty, District Mineral Foundation (DMF), and National Mineral Exploration Trust (NMET) contributions can be included in the 'sale value' for mineral royalty calculation under the MMDR Act. The judgment reinforces anti-evasion measures and validates subordinate legislation, impacting mining operators and state revenue frameworks.

Contractual Service Counts for Seniority & Pension Under Service Law | Himachal Pradesh HC Quashes State Act Provisions : Himachal Pradesh HC
Case Law Analysis
|Himachal Pradesh High Court

Contractual Service Counts for Seniority & Pension Under Service Law | Himachal Pradesh HC Quashes State Act Provisions : Himachal Pradesh HC

Himachal Pradesh High Court rules that contractual service must be included in seniority calculations and pensionary benefits for government employees, striking down provisions of the Himachal Pradesh Recruitment and Conditions of Service Act, 2024. The judgment mandates reconsideration of employee claims, ensuring parity in service benefits regardless of employment terms.

Delimitation Act Section 9(1)(c) | Reservation of SC/ST Constituencies Based on Population Proportion Upheld as Non-Arbitrary : Allahabad HC
Case Law Analysis
|Allahabad High Court

Delimitation Act Section 9(1)(c) | Reservation of SC/ST Constituencies Based on Population Proportion Upheld as Non-Arbitrary : Allahabad HC

Allahabad High Court ruled that the methodology under Section 9(1)(c) of the Delimitation Act, 2002, for reserving SC/ST constituencies based on population proportion is constitutionally valid and not arbitrary. The judgment reinforces judicial deference to legislative policy in electoral reservation matters, impacting future delimitation exercises.

Section 479(2) MMC Act | Delegation of License Fee Fixing Power Valid if Policy Guidelines Exist : Bombay HC Upholds Constitutional Validity
Case Law Analysis
|Bombay High Court

Section 479(2) MMC Act | Delegation of License Fee Fixing Power Valid if Policy Guidelines Exist : Bombay HC Upholds Constitutional Validity

Bombay High Court ruled that Section 479(2) of the Mumbai Municipal Corporation Act, which delegates license fee-fixing power to the Commissioner, is constitutional under Article 14 when guided by detailed policy frameworks and municipal oversight. The judgment clarifies that such delegation is not arbitrary, impacting municipal corporations and advertisers relying on outdoor publicity licenses.