Dr. Jaya Thakur vs. Union of India & Ors.

Writ Petition (Civil) · 2023 INSC 616Decided 11 Jul 2023
Writ Petition (Civil) No. 456 of 2022
B.R. Gavai · Vikram Nath · Sanjay Karol

Background

Sanjay Kumar Mishra was appointed Director of Enforcement in November 2018 for two years; his term was first extended to three years by a presidential order in 2020. In Common Cause v. Union of India (2021), the Supreme Court upheld the power to extend such tenures but directed that no further extension be granted to Mishra. Shortly after, the Government promulgated ordinances (later enacted as amendments to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act) and amended the Fundamental Rules to expressly permit extensions of up to five years in one-year increments for the ED and CBI Directors. Relying on these amendments, the Government extended Mishra's tenure twice more (in November 2021 and November 2022). Several writ petitions were filed challenging both the validity of these legislative/rule amendments and the specific extension orders as defying the Supreme Court's earlier mandamus.

Decision Breakdown

The Court upheld the constitutional validity of the CVC (Amendment) Act, 2021, the DSPE (Amendment) Act, 2021, and the Fundamental (Amendment) Rules, 2021, holding that courts can strike down legislation only for lack of legislative competence or violation of fundamental/constitutional rights, not merely because it is "arbitrary", and that the legislature validly removed the basis of the earlier judgment by clarifying the law on tenure extensions. However, the Court held that a legislature cannot simply nullify a specific mandamus (a direct court directive to specific parties) through legislation, and since the Common Cause (2021) judgment had specifically directed that respondent No. 2 be given no further extension, the November 2021 and November 2022 extension orders granted to him personally were illegal for defying that binding mandamus, even though the amended law itself was valid for future appointees. Balancing this finding against the Government's stated concern about continuity during an ongoing FATF (Financial Action Task Force) international review, the Court invoked its power to do complete justice and permitted Mishra to continue in office only until 31 July 2023 rather than ordering his immediate removal.

Lesson Learnt

A legislature can validly amend the law to change the general legal position going forward, but it cannot use legislation to erase a specific court order (mandamus) that has already been directed at named parties: the two are legally distinct, and only the former is a permissible legislative response to a judgment.

Constitutional LawSupreme Court of India

Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors.

This is an interim order, not a final judgment. The Court recorded the Union of India's proposal to set up a fresh three-member Committee to examine the issue and recommend a regulatory or statutory framework. It directed the Union to constitute the Committee within two weeks, directed the Committee to consult the petitioners, intervenors and other stakeholders and report within two months of its first meeting, and asked the Union to file a compliance affidavit. Citing the separation of powers, the Court declined to decide for itself whether the Code should become law, and listed the matter on 29 January 2027.

Decided 8 Oct 2026Read case
Constitutional LawDelhi High Court

Sirajuddin Qureshi & Ors. vs. Union of India & Ors.

The Court held that a bank's fear that the petitioners might flee, or its unresolved financial claim, cannot by itself justify keeping an LOC alive indefinitely, especially where the petitioners' bail conditions impose no travel curbs and their track record shows no misuse. It quashed the LOCs issued at the banks' instance, while leaving the LOCs issued at CBI's instance to be addressed through an application before the trial court (since those criminal proceedings are still pending there).

Decided 7 Oct 2026Read case
Constitutional LawDelhi High Court

Lawyers Voice vs. Union of India & Ors. and connected matters

The Court dismissed the entire batch, holding that no exceptional circumstance justified registering further FIRs, setting up an independent investigative mechanism, ordering wholesale further investigation into police conduct, issuing blanket evidence-preservation directions, or granting further compensation or rehabilitation directions. It noted that more than six years had passed since the riots, that compensation had largely been disbursed, and that statutory remedies remained available to victims. The Court made clear this was without prejudice to any individual's right to pursue remedies in law, and dismissed the petitions with no order as to costs.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Shayaan Mujeeb vs. State & Ors. and connected matters

The Court dismissed the entire batch of petitions after finding that the allegations about the December 2019 events had already been examined by a competent statutory body and were being investigated under the ordinary criminal law, with related proceedings pending before competent courts. The Court held there was no ground for an independent inquiry mechanism, transfer of investigation, registration of new criminal cases, award of compensation, fresh guidelines, or further consequential directions. It also held that Article 226 of the Constitution is meant for enforcing enforceable legal rights, not for open-ended directions. The petitions were dismissed with no order as to costs, and any individual may still pursue remedies available in law.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI

The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.

Decided 29 Sept 2026Read case
Constitutional LawDelhi High Court

Glenmark Pharmaceuticals Limited & Anr. vs. Union of India & Ors.

Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

Decided 18 Sept 2026Read case