Here is a summary of the significant civil law judgments delivered by the Supreme Court of India in July 2024:
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States’ Power to Levy Tax on Mineral Rights: The Supreme Court, in a landmark judgment, overruled its 1998 decision in the India Cements case, holding that royalty is not a tax. The Court held that states have the legislative power to impose taxes on mineral rights under their jurisdiction. This judgment, delivered by a majority of 8:1, clarified that the Parliament cannot legislate on this matter under its residuary powers (Free Law: Get Free Headnotes & Judgments).
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Bar Councils and Enrolment Fees: The Court ruled that State Bar Councils and the Bar Council of India (BCI) cannot charge enrolment fees beyond what is specified under Section 24(1)(f) of the Advocates Act, 1961. This decision reinforced the principle that regulatory fees must align strictly with legislative stipulations, with the judgment having a prospective effect (Free Law: Get Free Headnotes & Judgments).
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Release of Genetically Modified Mustard: A split verdict was delivered regarding the approval of GM Mustard’s release into the environment. Justice Nagarathna quashed the approval, citing public interest concerns, while Justice Karol upheld it, emphasizing the expert nature of the Genetic Engineering Appraisal Committee’s (GEAC) decision. The case has been referred to a larger bench for further deliberation (Free Law: Get Free Headnotes & Judgments) (Indian Kanoon).
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NEET-UG Re-test Denied: The Court declined to cancel the NEET-UG exam despite allegations of a question paper leak, stating that the evidence was insufficient to warrant such a drastic measure. The decision emphasized the potential negative consequences of ordering a re-test on the educational schedule and the availability of medical professionals (Free Law: Get Free Headnotes & Judgments).
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Constitutional Dispute Between States and the Union: The Court addressed a significant constitutional question regarding Article 131, which deals with the original jurisdiction of the Supreme Court in disputes between states and the Union of India. The Court reaffirmed that such disputes must involve constituent units of the Union or the government itself, excluding private entities (Indian Kanoon).
These cases reflect the Supreme Court’s ongoing role in interpreting and enforcing the law in a way that balances state powers, regulatory authority, and constitutional principles.
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