This week in Indian law: The Supreme Court Constitution Bench declared Section 6A of the DSPE Act void ab initio, removing the requirement for Central Government sanction before CBI can investigate senior officers. The legal community continued to await the Article 370 verdict. Preparations intensified for the Special Session of Parliament. 5 significant legal developments this week across criminal law and constitutional rights.
Top story
SC Constitution Bench: Section 6A DSPE Act Void Since Inception
Category: criminal-law | Date: 11 September 2023 | Source: Supreme Court of India
The Supreme Court Constitution Bench in Central Bureau of Investigation v. R.R. Kishore declared Section 6A of the Delhi Special Police Establishment Act void ab initio — that is, unconstitutional from the very date of its insertion. Section 6A had required the CBI to obtain prior approval of the Central Government before investigating any offence committed by officers of the rank of Joint Secretary and above. The Court held that this provision created an impermissible classification that shielded senior officers from investigation based solely on their rank.
Why it matters: The retrospective invalidity is particularly significant — it means the provision was never valid, not merely struck down prospectively. CBI can now investigate senior government officers without the procedural barrier of obtaining prior Central Government approval. This removes a longstanding shield that critics had argued protected senior bureaucrats from anti-corruption proceedings. Defence lawyers for senior officers in pending CBI cases should note the immediate implications for investigation scope.
Read more: Veritect analysis
Court judgments
Article 370 Verdict Awaited After Historic 16-Day Hearing
Court: Supreme Court of India | Bench: 5-Judge Constitution Bench
With the verdict reserved on September 5, the legal community awaited the Constitution Bench's determination on the validity of the abrogation of Article 370 for Jammu & Kashmir. The 16-day hearing addressed fundamental questions of constitutional law including the nature of J&K's accession, the scope of Article 370, the power of the President to render it inoperative, and the constitutionality of the 2019 Reorganisation Act.
Key point: The Article 370 verdict would be delivered on December 11, 2023, unanimously upholding the abrogation — one of the most consequential constitutional decisions in India's history.
Also this week
- Special Session preparations — With the Special Session scheduled for September 18-22, speculation about the agenda intensified. The Women's Reservation Bill (originally passed in Rajya Sabha in 2010) and constitutional amendments for renaming India were among the rumoured items.
- DPDP Act rules awaited — MeitY continued internal consultations on the draft rules for the DPDP Act 2023. The rules were essential for operationalising the Act's provisions on consent, Data Protection Board composition, and cross-border data transfers.
- Delhi HC personality rights matters listed — The Delhi High Court listed the Anil Kapoor personality rights matter and the Humans of Bombay copyright dispute for hearing in the coming weeks, signalling significant technology law developments ahead.
Looking ahead
- September 15: Mediation Act 2023 to receive Presidential assent
- September 18-22: Special Session of Parliament — Women's Reservation Bill passage expected
- September 20: Delhi HC to hear Anil Kapoor personality rights case against AI deepfakes
- September 22: SEBI insider trading enforcement action expected
This is the Veritect Weekly Legal Roundup for Week 36 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.