Fundamental Rights Archives

Whether there should be any “Cooling off Period” for civil servants to contest elections post resignation/retirement? Best left to the Legislature concerned, says Supreme Court

“The allegations of bureaucrats deviating from strict norms of political neutrality with a view to obtaining party tickets to contest elections, is vague, devoid of particulars and unsupported by any materials which could justify intervention of this Court.”

Case Briefs Supreme Court

Solitary Confinement of Death Row Convicts: Judicial officer to probe to apprise Supreme Court of ground reality

Supreme Court: While addressing an appeal alleging solitary confinement of a death row convict, the 3-Judge Bench of Uday Umesh Lalit, S.

Case Briefs High Courts

“One of the basic tenets to be followed by every Hindu is tolerance. Tolerance must be his own community or religion and in particular, to also to every other religious practice”: Madras HC

Madras High Court: C.V. Karthikeyan, J., expressed that, “One of the basic tenets to be followed by every Hindu is tolerance. Tolerance

Case Briefs High Courts

Whether denial of conjugal rights to a prisoner amounts to violation of Art. 21 of the Constitution of India? Madras HC answers in light of “extraordinary circumstances”

Madras High Court: Expressing that, a convict cannot enjoy all the liberties as are available to a common person, otherwise there would

Case Briefs Supreme Court

“Democratic interests cannot be judicially aborted to preserve unfettered freedom to conduct business, of the few”; Govt. decision to ban MTTs in PPE products ensures adequate PPE in India: SC

“This Court must be circumspect that the rights and freedoms guaranteed under the Constitution do not become a weapon in the arsenal of private businesses to disable regulation enacted in the public interest.”

Experts Corner Siddharth R Gupta

Article 14 and Arbitrariness vis-à-vis Legislative Action [Part II]

by Siddharth R. Gupta † and Divisha Dwivedi ††
Cite as: 2021 SCC OnLine Blog Exp 83

Case Briefs Supreme Court

National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC

“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”

Case Briefs High Courts

Kar HC | A custody case of a toddler between a genetic mother and a foster mother; principle of ‘distributive justice’ not to be applied; Yashoda Maa and Devaki Maa finds reference in judgment

Karnataka High Court: Krishna S. Dixit J. disposed off the petition and remarked “there is & shall be no cause of action

Case Briefs High Courts

Raj HC | Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed

Rajasthan High Court: Pushpendra Singh Bhati J. disposed of the instant petition with a direction to the petitioners to appear before the

Op Eds OP. ED.

Internet Freedom for an Inclusive Global Future

by Shruti Shreya†
Cite as: 2021 SCC OnLine Blog Exp 67

OP. ED.SCC Journal Section Archives

Courts – Guardian of Our Liberties : Judicial Orders can Violate Fundamental Rights?

by V. Sudhish Pai*

Case Briefs High Courts

Raj HC | Red-Tapism prevalent in Rajasthan Nursing Council has resulted in rejection of candidature; Court found fundamental rights guaranteed by Arts. 14, 16 and 19(1)(g) of the Constitution of India violated

Rajasthan High Court: Dinesh Mehta, J., allowed and disposed off a writ petition which was filed aggrieved of the respondent’s action of

Case Briefs Foreign Courts

Pak SC comes down heavily on virginity tests. Holds that dragging sexual history of the rape survivor in a case, by making observations about her body, is unconstitutional

Supreme Court of Pakistan: In a significant decision, the 3 Judge Bench of the Court comprising of Manzoor Ahmad Malik, Mazhar Alam

Case Briefs Foreign Courts

SL SC | No man is allowed to take advantage of his wrong; Court finds Fundamental Rights under Arts. 12(1), 12(2), and 14(1) (g) of the Constitution violated [legitimate expectation]

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Sisira. J. de Abrew, Murdu Fernando and

Case Briefs Foreign Courts

Education policy which compels schoolchildren to recite words “Almighty God, in whose hands our future lies” as part of schools’ national pledge of allegiance, violates children’s Right to Freedom of Religion| Detailed Report

Constitutional Court of Zimbabwe: While scrutinizing the constitutionality of the policy and actions of the education authorities in compelling schoolchildren to salute

Case Briefs High Courts

All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory

“The society has an ever-changing phenomenon. It keeps changing with time as per its new needs, expectation and other changing aspects. The very purpose of law is to serve society as per its requirements; therefore, the law also keeps evolving with the changes in society.”

Case Briefs Foreign Courts

“Virginity tests are invasive, offensive, and discriminatory and blatantly violate the dignity of a woman” – Justice Ayesha A. Malik || Detailed Report

Lahore High Court: While deliberating upon the writ petitions challenging the use and conduct of ‘virginity tests’ especially “Two-finger Test” and “Hymen