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Case Comment


Supreme Court Slams Punjab Government and Governor in Explosive Showdown over Assembly Summons
The Hon’ble Supreme Court of India in its recent judgment, tried to resolve a tussle between the Chief Minister of Punjab and the Governor of Punjab. The case, State of Punjab v. Principal Secretary to the Governor of Punjab Another,[1] revolves around a Constitutional crisis between the Governor of Punjab, Mr. Banwari Lal Purohit, and the Chief Minister of Punjab


Significance of examining facts under Article 142 of the Constitution of India
“Supreme Court judgments under article 142, not binding precedent, cannot be applied without examining facts” was stated by the Punjab & Haryana High Court. The court in the case of Prabhu Kumar Rawat v. National Hydroelectric Power Corporation Ltd held that the judgment passed by the honorable Supreme Court on exercise powers under Article 142 of the Constitution of India cannot be applied as a


101st Constitutional Amendment: A watershed moment in the evolution of Cooperative Federalism
Cooperative Federalism refers to the exercise of power jointly by all levels of governance through the Constitution provides significant powers in the hands of the Centre. It’s critical to examine beyond constitutional provisions to see if Cooperative Federalism’s purpose has been achieved. The Supreme Court has stated in the matter of Union of India vs. VKC Footsteps India Pvt Ltd. that the 101st Constitutional Amendment … <a href="https://sclhrblogs.wordp


Seeking regular supply of drinking water: Fundamental Right Bombay HC
The Bombay High Court, while dealing with a petition filed by the residents of Zambe village in Thane district, emphasised that access to drinking water is a Fundamental Right. The Division Bench while giving its verdict in Shobha Vikas Bhai & Ors. vs. State of Maharashtra & Ors., stated that it is unfortunate to see that even after 75 years of independence, the petitioners have … <a href="https://sclhrblogs.wordpress.com/2021/09/12/seeking-regular-supply-of-dr


Cow should be declared as a national animal and Cow Protection should be made Fundamental Right: Allahabad High Court
In a recent case of Javed v State of Uttar Pradesh, Justice Shekhar Kumar Yadav of the Allahabad High Court advised the Central government to declare Cow as a national animal since Cow is a part and parcel of the culture of India. Consuming Cow beef can’t be considered to be a Fundamental Right of any person. Only if cow is Revered, Country will Prosper. … <a href="https://sclhrblogs.wordpress.com/2021/09/04/cow-should-be-declared-as-a-national-animal-and-cow-protectio


Supreme Court's Decision on Principle Of Equal Pay For Equal Work: Cannot Be Applied Merely On Basis Of Designation
In a recent judgement of Union of India v. Manoj Kumar LL 2021 SC 409, the Supreme Court of India highlighted that the principle of equal pay for equal work could not be applied merely based upon the designation.The Court had to examine the Private Secretaries’ claims employed in the Eastern Central Railways in the concerned matter. The parity in pay with their counterparts working … <a href="https://sclhrblogs.wordpress.com/2021/09/02/supreme-courts-decision-on-


Legislative Privileges and Immunities not Gateways to Claim Exemption from Criminal Law: Supreme Court
The Supreme Court refused to withdraw criminal prosecution against six LDF members in case of State of Kerala vs K Ajith and Ors, SLP (Crl) No. 4009/2021; V. Sivankutty and others vs The State of Kerala, SLP(Crl) No.4481/2021). The state of Kerala and the accused raised an argument against the prosecution not being sustainable against the members for acts committed which are protected by legislative … <a href="https://sclhrblogs.wordpress.com/2021/07/30/legislative-pri


When Saviour Becomes the Abuser- Uttarakhand HC Orders CBI Probe in Custodial Death Case
Uttarakhand High Court reviewed a petition of transfer of enquiry for FIR no. – 261 of 2021 of Haldwani police to CBI. A report had been lodged on 03-03-2021 under Section 323, 504, 345 of IPC and under section 9 and 10 of POCSO Act against the husband of the petitioner and he was arrested on the same date. The district court judge sent him … <a href="https://sclhrblogs.wordpress.com/2021/07/29/when-saviour-becomes-the-abuser-uttarakhand-high-court-orders-cbi-probe-in-


Deprivation of Salary Violates Workers' Rights under Article 21, 23 and 300-A of the Constitution: Uttarakhand High Court
Recently Uttarakhand High Court in the case of Uttarakhand Roadways ‘Karamchari Union vs State of Uttarakhand’, has reminded the State Government and the State Transport Corporation that depriving the workers of the corporation of their salaries is a violation of their rights under Article 21, 23, and 300- A of the Constitution of India. The issue was raised when Uttarakhand State Transport Corporation didn’t disburse … <a href="https://sclhrblogs.wordpress.com/2021/07


The Fundamental Right to Internet - Examining the ‘Faheema Shirin’ Judgement
One of the indispensable facets of the freedom of speech and expression is the communication of information through the Internet. But, today
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