Independence Day 2024: Celebrating Trailblazing Judgments, Legislations and Policies – Charting the path to ‘Viksit Bharat’
Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country
Fundamental Rights
J&K and Ladakh HC takes suo motu cognizance vis-a-vis return of drowned Indian youth’s body from Pakistan
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.
[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation
“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”
Dress code prescribed by Chembur Trombay Education Society restricting wearing of hijab, does not violate Fundamental Rights: Bombay HC
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.
‘Sexual orientation an innate part of identity of LGBTQ+ persons’: Kerala HC upholds Right of choice and Right to live life of a queer woman
“Many LGBTIQA+ youth face familial rejection, often from an early age. This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship”.
“Leave encashment can’t be viewed as discretionary bounties but as legal rights enforceable under the Constitution”: Karnataka HC
The Court opined that entitlement to leave encashment is integral to the fundamental rights enshrined under Art. 19(1)(f) and Art. 31 of the Constitution and administrative instruction lacking the force of law cannot override constitutional protections.
2024 SCC Vol. 3 Part 2
Central Goods and Services Tax Act, 2017 — Ss. 127 and 129 — Penalty imposed for transportation of consignment without proper e-way
Obligation to insert fingerprints into the storage medium of ID cards is compatible with objectives of combatting the production of false ID cards: ECJ
The ECJ stated that obligation to insert fingerprints into the storage medium of identity cards constitutes a limitation of the fundamental right to privacy and protection of personal data, which are guaranteed by the ECHR.
Can Court impose bail condition restricting involvement in political activities? – Supreme Court answers
Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
‘Pardanashin Woman is not religious but legal concept’; Delhi High Court upholds police authority and women’s dignity beyond veil
In a landmark ruling, the Delhi High Court unequivocally dismissed the antiquated notion of ‘pardanashin,’ affirming that a woman’s dignity transcends cultural stereotypes like the veil. Upholding fundamental rights, the court emphasized that dignity is intrinsic to every individual, irrespective of religious practices.
Delhi HC refuses concerns against Anant Ambani-Radhika Merchant wedding venue, says ‘pure apprehension that injury may be caused to animals’
“It is submitted that a one-time private, and non-commercial event is being held at various locations in the complex and there is no provision contained in any law, that prohibit Respondents 3 and 4 from inviting guests to view their facilities, especially for non-commercial purposes.”
Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution
The 5-Judge Constitution Bench heard a batch of cases challenging the controversial electoral bonds scheme over three days, before reserving the verdict in November.
75 Landmark Constitutional Law Judgments in 2023 by the Supreme Court of India [Part II of III]
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 10
Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates
“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”
75 Landmark Constitutional Law Judgments in 2023 by the Supreme Court of India [Part I of III]
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 2
Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
Deprivation of livelihood violates Article 21 of Constitution; employer must circumspect before taking away livelihood on stigmatic grounds: Rajasthan High Court
“Even otherwise, trite law it is in service jurisprudence that a stigmatic order passed on ground of alleged misconduct cannot be sustained unless a proper enquiry in accordance with law has been conducted.”
Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements
In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.
Supreme Court dismisses PIL praying for declaring Manual Scavengers Act unconstitutional; Grants liberty to move to High Court
A PIL on the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is pending before the Supreme Court.
Supreme Court of Mauritius decriminalises sodomy between two consenting adult males
S. 250(1) of Criminal Code Act, 1838, is discriminatory in effect, and breaches Section 16 of the Constitution inasmuch as it criminalises the only natural way for homosexual men to have sexual intercourse.