Article 21 - Landmark Judgement #1: AK Gopalan Vs State of Madras The above Judgement passed by the Supreme Court of India came into limelight since it was the first-ever matter that came before the Apex Court after its establishment in 1950. It was a case where the interpretation about Article 19 and 21 was ..
KEY TAKEAWAYS Should such a right be treated as a fundamental right? Does such liberty apply to the people who are accused of various heinous crimes? Are the laws dynamic enough to be ascertaining such a freedom? <li style="text-ali..
Recently, the Chief Justice of India (CJI) in connection with the Siddique Kappan's interim bail plea petition, is reported to have said that Supreme Court (SC) wants to discourage filing of fresh petitions under article 32 and asked the senior counsel for the petitioner to approach the Allahabad High Court (HC) instead. <p style="text-align: justif..
Making any temporary employee permanent unconstitutional The judgment of the Constitutional Bench of the Supreme Court (SC) in The Secretary, State of Karnataka v Umadevi in the year 2006 categorically declared that making temporary employees permanent in government on whatever grounds or reasons is a backdoor appointme..
KEY TAKEAWAYS Considering Constitutional Morality as an indispensable part of democratic government is absolutely justified. It provides an ethical understanding of the government and other work of governance. The specification of norms of institutions under Constitutional Morality helps in their survival. The ..
INTRODUCTION All of us know that the Republic Day is celebrated on the 26th of January each year. We also know the significance of the Republic Day. The Republic Day is celebrated every year in India on January 26 to commemorate the date on which the Constitution of India came into effect, in the year 1950, and the country be..
KEY TAKEAWAYS The case in reference is Subedarv. State of State of Uttar Pradesh [CRIMINAL APPEAL NO. 886 of 2020] The decisionin the case was pronounced by Justice U.U Lalit, Vineet Saran, S. Ravindra Bhat. It is a criminal appeal and the..
KERALA HIGH COURT RULED THAT SECTION 357A(4) OF THE CRPC IS A SUBSTANTIVE PROVISION; VICTIMS ENTITLED TO COMPENSATION EVEN FOR CRIMES THAT OCCURRED PRIOR TO ITS ENA..
POWERS OF COURT UNDER ARTICLE 226 The article deals with the power of High Courts to issue certain writs notwithstanding anything in Article 32. The court is authorised to entertain these types of writs- Habeas Corpus, Mandamus, Prohibition, Quo warranto, Certiorari. <li ..
OVERVIEW · The three-judge bench of Supreme Court comprised of Justice NV Ramana, Justice Surya Kant and Justice Aniruddha Bose, who gave this climacteric judgement. · The judgement upholds the conviction of the two accus..
Article 19 (1) (g) of the Constitution empowers every citizen of this country to have the vested Right to Trade or Business. This right is subject to certain reasonable restrictions. E.g. to commence any trade or business obtaining a license from government authorities is a must. This restriction should be reasonable. This was affirmed by the Supreme court..
KEY TAKEAWAYS The Allahabad High Court recently observed that a person's name is an expression included under Article 19(1) Right to Freedom of Speech and Expression It observed, that changing name, being a fundamental right cannot be curtailed by any rules which do not have..
SYNOPSIS The Special Advisory Jurisdiction has been conferred upon the Supreme Court through Article 143 of the Constitution. In accordance with it, the President may, at any point of time, seek opinion, from the Supreme Court, in form of an advice, on such matters which, he think..
Two reports are related to the Department of Legal Affairs (Implementation Cell) as under Report No.184 was submitted under the Sixteenth Law Commission headed by Chairman: Mr. Justice B. P. Jeevan Reddy (2000-2001) and Chairman Mr. Justice Jagannadha Rao (2002-2003) on "The Legal Education & Professional Training an..
SUMMARY Advocate Vishnu Shankar Jain on the behalf of five individualshas filed petition in the Supreme Court for striking down Section 494 of the Indian Penal Code, 1860 seeking declaration of bigamy as unconstitutional for all religions. It has also praye..