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Supreme Court Affirms Writ Courts' Suo Motu Power to Strike Down Unconstitutional Subordinate Legislation By: AbhishekJat, Advocate In a landmark judgment delivered on April 2, 2025, the Supreme Court of India has upheld the power of writ courts to exercise suo motu authority to invalidate subordinate legislation that contravenes fundamental rights or binding precedents. The bench comprising Justices Dipankar Datta and Manmohan elucidated this significant principle while dismissing a Special Leave Petition in the case of Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) v. State of Bihar . Background of the Case The controversy originated from the Bihar Chaukidari Cadre (Amendment) Rules, 2014, specifically regarding a provision that permitted retiring village watchmen (chaukidars) to nominate their dependent family members for appointment to the same position. The Patna High Court, while adjudicating an appeal filed by an aggrieved applicant whose application for s...

  Stages of a Criminal Trial in India (Sessions & Magistrate Trial) By Advocate Abhishek Jat A criminal trial in India follows a structured legal process to ensure justice is served. The trial is conducted either in a Magistrate Court (for less serious offenses) or a Sessions Court (for more serious crimes). Here’s a breakdown of the key stages in a criminal trial: 1. FIR & Investigation The trial process begins with the registration of a First Information Report (FIR) under Section 173 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) . Once an FIR is filed: The police initiate an investigation , which includes collecting evidence, recording witness statements, and arresting the accused (if required). Based on the findings, the police submit either a charge sheet (if enough evidence is found) or a closure report (if no substantial evidence is available). 2. Cognizance & Framing of Charges The Magistrate or Sessions Court takes cognizance of the offens...