Constitution of India – Article 21 -Legal Aid-Free legal assistance for poor and indigent at the cost of the State is a fundamental right of a person under Article 21 even if the person does not seek legal assistance on his own- Right to counsel for a prisoner is a fundamental right traceable to Article …
Suhas Chakma vs Union Of India 2024 INSC 813 – Legal Aid – Read More »
Constitution of India- a. Entry 8 of List II of the Seventh Schedule to the Constitution is both an industry-based entry and a product-based entry. The words that follow the expression “that is to say” in the Entry are not exhaustive of its contents. It includes the regulation of everything from the raw materials to …
Constitution of India – Article 32 – A challenge to the constitutional validity of a statutory provision cannot be adjudicated upon in the absence of a lis and contest between the parties. (Para 6) Summary: SC recalled its decision in Union of India and Another v Ganpati Dealcom Private Ltd [2022] 12 S.C.R. 320:: 2022 …
Land Acquisition Act, 1894-Section 5A– It codifies the fundamental safeguard of audi altrem partem. Landowners have the opportunity to demonstrate that the 10 acquisition is against public purpose or marred by mala fides. In the event the landowner presents a cogent case, the appropriate government may exempt such land from acquisition. By enabling landowners to …
Constitution of India -Article 8 – Article 8 will only apply to someone ordinarily residing on the date of commencement of the Constitution in any country outside India as defined in the 1935 Act, as originally enacted-Article 8 not intended to apply to a foreign national born after the commencement of the Constitution. (Para 16) …
Constitution of India – Article 226- High Court could exercise its power of judicial review in Criminal matters and it could exercise the power either under Article 226 or under Section 482 CrPC to prevent the abuse of process of the court or otherwise to secure the ends of justice. Nomenclature under which a petition …
Summary: Writ petition challenging caste-based discrimination in the prisons in the country and offending provisions in State prison manuals- SC held: Provisions discriminate against marginalized castes and act to the advantage of certain castes. By assigning cleaning and sweeping work to the marginalized castes, while allowing the high castes to do cooking, the Manuals directly …
Sukanya Shantha vs Union of India 2024 INSC 753 – Prison Manuals – Caste Discrimination Read More »
Summary: Khalsa University (Repeal) Act, 2017 struck down as being unconstitutional. Constitution of India; Article 14,32,226– The test of manifest arbitrariness would apply to invalidate legislation as well as subordinate legislation under Article 14-Mifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle- When something is done which is …
Constitution of India,1950; Article 32,226– A writ court does not encourage petitions from indolent, tardy and lethargic litigants; the writ court comes to the aid of a litigant who approaches it with promptitude and before accrual of third-party rights. (Para 30)
Constitution Of India,1950; Article 226 – Writ Jurisdiction -The petitioner approaching the Writ Court must come with clean hands, put forward all the facts before the Court without concealing or suppressing anything and seek appropriate relief. If there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the …
HMT Ltd. vs Rukmini 2024 INSC 728 – Writ Petitions – Delay & Latches Read More »