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Constitutional Law Judgements

Displaying 1 - 10 of 283 in 29 pages

Whether the State and Medical Practitioners have a legal obligation to save lives under Article 21 of the Constitution

 11 July 2020

The petitioners contended that, Article 21 not only guarantees right to life to the citizens but also cast an obligation upon the State to protect the same. Further the Code of medical ethics also specifies the Practitioners to take all measures to

Posted in Constitutional Law |    0 comments |   10 hits


Whether right to sexual orientation is a part of Article 21 of the Constitution

 10 July 2020

Upon hearing the parties, the Court held that, sexual orientation is inextricable facet of Article 21 and thus it cannot be violated. The Court also gave directions for the recognition of the transgender community. Some of the notable directions in

Posted in Constitutional Law |    0 comments |   44 hits


Difference between constitutional morality and public morality

 10 July 2020

Upon hearing the parties the Court held that, section 377 grossly violated right to dignified life, privacy, equality and hence unconstitutional.

Posted in Constitutional Law |    0 comments |   51 hits


Gender equality in succession

 09 July 2020

The Court decided that the exclusive right of male succession included in sections 7 and 8 of the Act must be suspended so long as the right of livelihood of the female descendants of the last male holder continues.

Posted in Constitutional Law |    0 comments |   76 hits


What constitutes a reasonable restriction under Article 19(6) of the Constitution

 09 July 2020

The petitioners contended that, the Act unreasonably restrains them from manufacturing Bidis during the agricultural season. The provisions do not have a rational nexus with the object sought to be achieved by the legislation in question. The objec

Posted in Constitutional Law |    0 comments |   71 hits


What constitutes a substantial question of law under Article 133 of the Constitution

 09 July 2020

The Court upon hearing the parties held that, that the case involved a substantial question of lawand the appellants were entitled to the certificate as of right. A substantial question of law is one which is of general public importance or which dir

Posted in Constitutional Law |    0 comments |   74 hits


Whether the workers' right to health and medical aid a fundamental right guaranteed under Article 21 of the Constitution

 09 July 2020

The Court examined the Convention 162 of the International Labor Conference that provides arrangements for the betterment of workers. The Court requested that the "All Safety in the Use of Asbestos" guidelines and rules distributed by the Internation

Posted in Constitutional Law |    0 comments |   69 hits


Whether the certain provisions of Special Bearer Bonds (Immunities and Exception) Act, 1981 violate the provisions of the constitution of India

 09 July 2020

There is no truth in The argument that the President has no authority under Article 123 to issue an order amending or modifying the tax laws, and that the order was beyond the president's legislative power under that clause. If Parliament has the pow

Posted in Constitutional Law |    0 comments |   4 hits


Whether the workers' right to health and medical aid a fundamental right guaranteed under Article 21 of the Constitution

 09 July 2020

The Court examined the Convention 162 of the International Labor Conference that provides arrangements for the betterment of workers. The Court requested that the "All Safety in the Use of Asbestos" guidelines and rules distributed by the Internation

Posted in Constitutional Law |    0 comments |   5 hits


Whether the right to shelter is a fundamental right under Article 21 of the Constitution

 08 July 2020

Considering the above principles the Court ordered that, no allocation under the Act is to be made before the needs of the persons who fall under the category of “weaker sections of the society” under Article 46 is fulfilled. The Court further held

Posted in Constitutional Law |    0 comments |   47 hits










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