SCLHR

<p>INTRODUCTION On 27th September 2018, a five-judge bench of the Supreme Court of India in the case of Joseph Shine v. Union of India[1] unanimously struck down section 497 of the Indian Penal Code, 1860 and Section 198 (2) of Code of Criminal Procedure, 1973. It is interesting to note that the Supreme Court of India on three previous occasions (Yusuf Abdul Aziz,[2] Sowmithri Vishnu[3] &hellip; <a href="https://sclhrblogs.wordpress.com/2022/01/12/sex-discrimination-joseph-sh

<p>Introduction The world was all of a sudden introduced to the dangers of Climate change when Greta Thunberg, a 16 year old girl, decided to skip school to go on a strike against climate change [1]. The movement rapidly gained momentum and within a couple of months, more than 20,000 students from across the world had joined Greta in her fight against the mighty. Today, &hellip; <a href="https://sclhrblogs.wordpress.com/2022/01/08/the-conundrum-of-climate-dystopia-and-right-t

<p>Jeremy Bentham, a veteran jurist perfectly quoted the importance of transparency in public institutions in the following words: &#8220;The doors of all public establishments ought to be, thrown wide open to the body of the curious at large-the great open committee of the tribunal of the world&#8221;. INTRODUCTION The outbreak of the COVID-19 pandemic comes with huge number of challenges especially for a country like &hellip; <a href="https://sclhrblogs.wordpress.com/2022/0

<p>The Supreme Court on 27th October 2021(Wednesday) formed an independent committee of technical experts to investigate the Pegasus surveillance issue, saying the centre did not even try to justify its position on the issue. The Supreme Court urged the Commission to thoroughly investigate the allegations and submit a report to the court. It announced a hearing eight weeks later. The court constituted of a three-bench &hellip; <a href="https://sclhrblogs.wordpress.com/2021/11

<p>The Hon&#8217;ble Supreme Court held that “Every Action of the state must be fair and reasonable, failing which it will lead to the infringement of the Fundamental Right to Equality which has been enshrined under Article 14 of the Constitution of India. The Bench included Justices K.M. Joseph and S. Ravindra Bha and they set aside the Patna High Court judgement which had directed the &hellip; <a href="https://sclhrblogs.wordpress.com/2021/11/08/fair-equitable-principle-a-s

<p>Israeli cyberarms firm, NSO Group, developed a spyware named Pegasus which can be covertly installed on most iOS and Android devices. NSO claims that it was built for the government&#8217;s use only in order to counter terrorism and enforce law properly. Pegasus was discovered in August, 2016 after a failed installation attempt on the iPhone of an activist, led to an investigation revealing details about &hellip; <a href="https://sclhrblogs.wordpress.com/2021/11/02/supreme

<p>“Section 124A is the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen” &#8211; Mahatma Gandhi Introduction Recently, a two-judge bench of the Supreme Court in Vinod Dua v. UOI, while quashing the FIR registered against the veteran journalist Vinod Dua remarked that every journalist is entitled to the protection of the Kedar Nath Judgment and &hellip; <a href="https://sclhrblogs.wordpress.com/2021/10/22/section-124

<p>Recently in an order in the case of Mr. Indrajit Dilip Patil &amp; Ors. v. The State of Maharashtra &amp; Anr., Bombay High Court granted anticipatory bail to the employees of a hospital who were detained under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The hospital employees did not hand over the dead body to the complainants, for almost ten hours &hellip; <a href="https://sclhrblogs.wordpress.com/2021/10/22/no-offence-made-out-unless-de

<p>In a judgement delivered by Jammu and Kashmir High Court the government has been directed &nbsp;to keep a check on the drugs in the UT where there should be strict adherence to NDPS Act. Furthermore, the aspect of giving training should be included where the officers can investigate other officers regarding disposal of seized contraband.&nbsp; The Court, while considering the Criminal Acquittal Appeal No D-107 &hellip; <a href="https://sclhrblogs.wordpress.com/2021/10/18/j

<p>In the case of “Nikhil Padha, Human Right Activist vs. Chairman Human Rights Commission,” the court mentioned that if the bona fide intention of the petitioners is not as transparent as it should be, then all the public interest litigations should not be entertained by the courts at any given amount of time and stage. In the context of political rivalry, the apex court clearly &hellip; <a href="https://sclhrblogs.wordpress.com/2021/10/16/pil-not-a-remedy-for-every-public-c

<p>The Supreme Court said that a retired government employee who is a Kashmiri migrant would not be entitled to retain government accommodation for a period exceeding three years. A Bench of Justice Hemant Gupta and Justice AS Bopanna said that the Office Memorandum allowing the retired government employees who are Kashmiri migrants to retain government accommodation for an indefinitely long period is &#8220;unconstitutional&#8221; for being &hellip; <a href="https://sclhrblo

<p>Article 222 of the Constitution of India talks about the transfer of judges from one High Court to another and Article 217 states the procedure for appointing judges of the High Court. TRANSFERSRecently, the Central Government notified transfer of 7 High Court judges. Out of the 7, six of those namely, Justices Rajan Gupta, PB Bajanthri, Sanjeev Prakash Sharma, T Amarnath Goud, Subhash Chand and &hellip; <a href="https://sclhrblogs.wordpress.com/2021/10/13/transparency-in-

<p>Recently Supreme Court in the case of Chandan Banerjee &amp; Ors v. Krishna Prosad Ghosh &amp; Ors held that educational qualification is a valid ground for classification between persons of the same class in matters of promotion. The 3 judge bench comprising of Justice DY Chandrachud, Vikram Nath and Hima Kohli also held that classification which is based on educational qualification is not violative of &hellip; <a href="https://sclhrblogs.wordpress.com/2021/09/30/educati

<p>India is the world’s largest democracy. The country’s Constitution vests supreme legislative power with Parliament, and places to codify facets of Indian society. The Indian Constitution is the basis for the democratic setup in India. Vacant posts, which are causing a lot of trouble, are of two types &#8211; posts that are vacant for over 5 years and posts that are vacant for more than &hellip; <a href="https://sclhrblogs.wordpress.com/2021/09/28/vacant-constitutional-post

<p>On 14th August 2021, the Madras High Court, in its interim order said that coercive application of IT Rules against intermediaries is an infringement of Article 19 (1)(a) of the Indian Constitution. The bench included Chief Justice Sanjib Banerjee and Justice PD Audikesavalu and the question before the Court was about the constitutional validity of Rule 3 and Rule 7 of the IT Rules Act. &hellip; <a href="https://sclhrblogs.wordpress.com/2021/09/23/violation-of-article-191a

<p>The proposition &#8220;changing facets of constitutionalism in India&#8221; if read narrowly, may confine the discussion to the changing facets of constitutionalism which are now being witnessed. However, if broader interpretation is adopted, which I propose to adopt, it should involve consideration of the facets of constitutionalism which changed even before 1950. The history, undoubtedly has it&#8217;s influence on the present and future of constitutionalism. Constitutio

“Supreme Court judgments under article 142, not binding precedent, cannot be applied without examining facts” was stated by the Punjab &amp; 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

<p>INTRODUCTION Education is a key to unlock a superlative degree of change, a change that can make our world a better place to be at and youth are the torchbearers of this positive change but until and unless youth are not going to be educated, this change will not be that easy to make. An educated youth can give birth to an educated nation as &hellip; <a href="https://sclhrblogs.wordpress.com/2021/09/21/right-to-education-and-right-to-internet-access-intertwisted-inextricab

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&#8217;s critical to examine beyond constitutional provisions to see if Cooperative Federalism&#8217;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 &hellip; <a href="https://sclhrblogs.wordp

<p>In 2019, the special status of Jammu and Kashmir was revocated by striking down Article 370. Even after this move, the clashes between the Kashmiris and security forces did not come to a standstill. The people of Kashmir believe that their human rights are grossly violated due to the Government&#8217;s oppressive administration. Informal curfews are imposed, and the death count increases. This has led to &hellip; <a href="https://sclhrblogs.wordpress.com/2021/09/14/grave-h