Fundamental Rights

Judicial review powers for arrest
Case BriefsSupreme Court

“Though, the power of judicial review keeps a check and balance on the functioning of the public authorities and is exercised for better and more efficient and informed exercise of their powers, such power has to be exercised very cautiously keeping in mind that such exercise of power of judicial review may not lead to judicial overreach, undermining the powers of the statutory authorities”

Visually impaired eligibility for judiciary
Case BriefsSupreme Court

“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”

Power to arrest under Customs and GST Acts
Case BriefsSupreme Court

“The framework of the Customs Act clearly reflects the legislative intent to establish a distinct and unique procedure for the exercise of arrest powers by a customs officer”

Rajasthan High Court
Case BriefsHigh Courts

“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”

Rajasthan High Court
Case BriefsHigh Courts

“The sweep of the right to life conferred by Article 21 of Constitution of India is wide and far reaching. An important facet of that right is right to livelihood, because no person can live without the means of living, i.e., the means of the livelihood.”

Madhya Pradesh High Court
Case BriefsHigh Courts

The petitioner’s right to organize and participate in a religious event is protected under Article 25 of the Constitution of India and merely based on certain objections raised by the member of one community, it cannot be denied.

Kerala High Court
Case BriefsHigh Courts

“The display of photographs of defaulting borrowers violates their dignity, reputation, and fundamental right to life, as guaranteed under Article 21 of the Constitution of India”

Supreme Court directives on public prosecutors
Case BriefsSupreme Court

“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”

Farmers Protest
Hot Off The PressNews

Supreme Court emphasized that while peaceful protests are a fundamental right in a democracy, there must be a sense of responsibility when engaging in such protests.

Rajasthan High Court
Case BriefsHigh Courts

The Court urged the Resident Doctors to call-off their strike and request their fellow doctors to rejoin their duties and the same is accepted by the doctors representing JARD.

Kerala High Court
Case BriefsHigh Courts

“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”

Section 6A of Citizenship Act
Case BriefsSupreme Court (Constitution/Larger Benches)

Supreme Court affirmed that the cut-off date of 25 March 1971 is rational as on the said date, Pakistani Army launched Operation Search Light to curb Bengali nationalist movement in East Pakistan. The migrants before the operation were migrants of partition towards which India had a liberal policy. Migrants from Bangladesh after the said date were migrants of war and not partition.

Karnataka High Court
Case BriefsHigh Courts

The Court further stated that power of the Courts either competent Civil Court or Constitutional Court cannot be permitted to be usurped by the Chairman of the Bar Council of India, as was done in the instant case.

Bombay Public Trusts Act 1950
Cases ReportedNever Reported Judgments

This report covers the Supreme Court’s Never Reported Judgment, on the Bombay Public Trusts Act, 1950, dating back to the year 1954.

Gauhati High Court
Case BriefsHigh Courts

Petitioner stated that due lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam is coming forward with any concrete step to redress the grievance of the transgender community.

Overall horizontal reservation
Case BriefsSupreme Court

Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.

Independence Day
Op EdsOP. ED.

Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

The instant PIL was filed on behalf of the parents of the youth who drowned in the Chenab River under mysterious circumstances and whose body was later found in Pakistan.

Bombay High Court
Case BriefsHigh Courts

“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”

Bombay High Court
Case BriefsHigh Courts

The Court referred to Fathima Thasneem v. State of Kerala, 2018 SCC OnLine Ker 5267, wherein it was held that there may be a fundamental right for a student to choose a dress but there is also a fundamental right of establishing, managing and administering an educational institution.