Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 07 November 2026
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Supreme Court of India 2017-04-27 allowed

Common Cause : A Registered Society vs Union of India

Bench: 2 — Ranjan Gogoi

In Brief

The Supreme Court upheld the constitutional validity of the Lokpal and Lokayuktas Act, 2013 and directed its enforcement despite the absence of a recognized Leader of Opposition in the Lok Sabha. The petitioners sought to block the Act's implementation, claiming certain Rules were ultra vires and that pending legislative amendments made implementation unworkable. The Court held that the Act, as written, is fully workable: a truncated Selection Committee (Prime Minister, Speaker, Chief Justice, and an eminent jurist) can lawfully constitute a Search Committee and proceed with appointments because Section 4(2) explicitly permits operations despite vacancies. The Court refused to read down the statute or block enforcement, citing respect for separation of powers and the principle that duly enacted laws must be given effect to. Pending amendments do not justify suspension of the law's operation.

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