Supreme Court | Non- Tribals can settle down and vote in Scheduled Areas
Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.
Fundamental Rights
Reservation in favour of residents of a State permissible, but wholesale reservation unconstitutional; Supreme Court reiterates
Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation
[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case
“The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.” observes the Court.
50 years of the unprecedented case of Kesavananda Bharati v. State of Kerala and the ‘Doctrine of Basic Structure’
Here is snippet on the evolution of ‘Doctrine of Basic Structure' in the Independent India and how the biggest legal battle continued between the Judiciary and the Legislature, as the landmark case of Kesavananda Bharati v State of Kerela (1973) 4 SCC 225 enters its Golden Jubilee year.
2023 SCC Vol. 4 Part 1
Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and
Procedures for empanelment of lawyers in Banks not in compliance with Constitutional mandate; Madras HC directs Nationalised Banks to reform their system of selection
Madras High Court said that whether it is contractual employment, temporary engagements or otherwise, the procedure to be adopted by Banks must be transparent and in compliance with the mandates of the Constitution.
UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA
Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions
High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement
“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court
Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967
Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.
Mere membership of a banned association is sufficient to constitute an offence under UAPA; Supreme Court upholds the Constitutional validity of S. 10(a)(i) UAPA
Supreme Court’s full bench declared the judgments in Arup Bhuyan, Indra Das and Raneef to be bad in law. Also, the High Courts Judgments which followed these precedents were overruled
[District Police Constable Driver Recruitment] MAT| Clause prohibiting application for one and the same post in more than one unit in the advertisement notice not violative of Article 14, 16 and 19
The Tribunal observed that the act of filling in 2 applications for one and the same post in more than one Unit cannot be accepted to be an inadvertent or innocent act.
[LGBTQ+ Rights] | LGBTQ+ community have the Right to Freedom of Association, which includes the right to form an association of any kind: Supreme Court of Kenya
With a ratio of 3:2, the Supreme Court of Kenya delivered a significant decision by holding that it would be unconstitutional to limit the right to form association purely based on sexual orientation.
Ex-communication in Dawoodi Bohras matter deserves to be tagged with 9-judge bench Sabarimala Review due to overlapping issues: Supreme Court 5-judge Constitution Bench
The 5-judge Constitution Bench observed that the decision which will be rendered by the nine-Judge Bench in the Sabarimala Temple Review will have a direct impact on the questions which arise for determination in this case.
Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions
To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.
“Fundamental Right to Speedy Trial has been violated”: Allahabad High Court quashes criminal proceedings in electricity theft case, pending for more than 18 years
The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person
Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained
The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.
“Statement passed by a Minister cannot be vicariously attributed to the State”; Supreme Court Constitution Bench rules against imposing further restrictions on freedom of speech of Ministers
Supreme Court: A Constitution Bench of S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian & BV Nagarathna, JJ, delivered
A 5-year-old girl lost both her arms by coming in contact with electrical overhead lines; Manipur High Court orders MSPDCL to pay compensation of Rs. 10,00,000 for being negligent in maintaining safety standards
Manipur High Court: While deciding a case, wherein a five-year old girl came in contact with an electrical overhead line
Forced religious conversions ultimately affect national security and violate citizens’ right to freedom of religion: Supreme Court seeks government’s reply
Supreme Court: In a writ petition filed against forced religious conversion the division bench of M.R. Shah and Hima Kohli said that
Kerala High Court set aside transfer order of Judge who made ‘sexually provocative dress’ remark; Upholding the same will have a deleterious effect on the morale of the judicial officers in the State
Kerala High Court: In an appeal filed against the judgment of a Single Judge transferring the appellant from the post