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Supreme Court of India 2024-01-03 allowed

The State of Uttar Pradesh & Ors vs Association of Retired Supreme Court and

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

The Supreme Court set aside two orders of the Allahabad High Court that had directed the Government of Uttar Pradesh to notify rules regarding post-retiral benefits for retired judges and had initiated criminal contempt proceedings against government officials for filing a recall application. The Court held that a High Court cannot compel the executive to frame or notify rules as directed, violating the separation of powers doctrine. Criminal contempt cannot be invoked against officials for availing legitimate legal remedies. The Court also established a Standard Operating Procedure requiring all courts to exercise restraint in summoning government officials and to rely instead on law officers representing the government before invoking contempt measures.

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Constitutional Law Separation of Powers Contempt of Court Administrative Law Judicial Review Court Procedure

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