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Cavalier and callous attitude of the political parties will not be tolerated, and the court's direction has to be followed: Supreme Court
Recently, the Supreme Court dealt with a contempt petition filed by advocate Brajesh Singh, where he claimed to be aggrieved as the Court’s directions that were passed on February 13, 2020 were not complied with, in the Bihar Legislative Assembly Election, 2020. The Court said that the cavalier and callous attitude of the political parties will not be tolerated and its orders have to be
Tanya Bajaj & Pratyaksha
Jul 21, 20211 min read
Supreme Court strikes down part of Constitution introduced by 97th Constitutional Amendment on co-operatives
The Supreme Court in the recent case upheld the 2013 judgment of the Gujarat High Court in which the Court had struck down the provisions of Constitutional (97th Amendment) Act 2011 to the extent it introduced Part IX B in the Constitution to deal with co-operative societies. It has been held that this required ratification by half of the state legislatures under Article 368(2) of
Ishita Singh & Manmeet Kaur
Jul 21, 20212 min read
Role of the Supreme Court is to uphold human rights, not undermine them: UN experts
The Supreme Court while dealing with a plea concerning the demolition of 10,000 houses in the case of Sarina Sarkar and Others v. State of Haryana and Others, directed for the removal of all encroachments on the forest land of Aravalli within 6 weeks. Pursuant to this order, on 14th July 2021, the demolition began, rendering 100,000 people, including 20,000 children, homeless in the midst of
Prajjwal Tyagi & Biyanka Bhatia
Jul 19, 20212 min read
Transpersons have the right to live anywhere in the country as per their will: Bombay High Court
How are you assisting them? Have they committed an offence? Do treat them as criminals. A question that arose in a case with concerns of Transpersons having the right to live anywhere in the country. In the case of Sangeetha M. v. State of Maharashtra, the bench of Justice SS Shinde and NJ Jamadar directed the Mumbai Police to provide protection to the transperson
Jahnvi Pandey & Shruti Poddar
Jul 18, 20212 min read
Religious sentiments subservient to fundamental right to health: Supreme Court
The Supreme Court on Friday stated that State of Uttar Pradesh cannot go ahead with hundred percent Kanwar Yatra. The right to health of citizens of the country is of paramount importance and all other sentiments including religious sentiments are subservient to the same. The observations were made by a Bench of Justices Rohinton Nariman and BR Gavai in a suo motu case relating to
Ayushi Khandelwal & Urvashi Trivedi
Jul 17, 20212 min read
Is Sedition law still needed after 75 years of Independence? Supreme Court ask while hearing a plea challenging Sedition Law
While hearing the case of SG Vombatkere vs. Union of India, which challenges the Sedition Law under Section 124A of Indian Penal Code; the Supreme Court of India questioned the Central Government as to whether the said law is still needed after the 75 years of Independence of India. The plea is filed on the grounds that it violates the fundamental right of Freedom of
Vanshika Gupta & Sanjana Dayal
Jul 16, 20212 min read
Electoral Bonds:– A Threat to Democracy
Introduction Electoral bond was for the first time introduced in the Union Budget of 2017. An electoral bond is just like a normal bond which any Indian citizen or any entity can buy from Specified SBI Branches that can be donated to the party of its choice. As per the Ministry of Finance, any person/entity can buy an electoral bond from any specified SBI branch
Devashish Tiwari & Pathoj Tripathi
Jul 12, 20217 min read
Police Force needs to be sensitize the constitutional and statutory rights of the detenue/accused: Supreme Court
Recently, the Supreme Court while awarding Rs. 5,00,000 as compensation to a truck driver illegally detained by the Patna Police observed that “Loss of liberty of a person of humble means is not at a lower pedestal compared to that of an affluent person with more resources”. The Court stated that the guidelines of arrest and detention laid down in DK Basu v. State of
Yashaswani Parashar
Jul 12, 20211 min read
Legislative Assemblies have wide inquisitorial powers: Supreme Court
In the recent case of Ajit Mohan & Others vs Legislative Assembly, National Capital Territory of Delhi and others, the Supreme Court ruled that a Legislative Assembly have to confine itself to the core function of legislation which could not be accepted as it would lead to an unreasonable restriction on the elected body role. Ajit Mohan, Facebook India Managing Director, filed a plea against
Nishtha Singh & Alankrita Katiyar
Jul 11, 20212 min read
12 BJP MLAs suspended from Maharashtra Legislative Assembly for a year
Recently, 12 BJP MLAs were suspended from the Maharashtra State Legislative Assembly for a year for causing a commotion over the OBC quota and misbehaving with Shiv Sena Legislator Bhaskar Jadhav, who was the Speaker in the chair. All of the BJP MLAs walked out of the House, denying the charges levelled against them. The commotion erupted inside the Assembly when the tripartite Maha Vikas
Rohan Agarwal & Chaitanya Kapoor
Jul 10, 20212 min read
West Bengal Legislative Assembly passes a resolution for the creation of Legislative Council
Recently, the West Bengal Legislative Assembly has passed a resolution for the creation of a Legislative Council in the state under Article 169 of the Indian Constitution. Article 169 of the Constitution deals with the abolition or creation of Legislative Councils in States. A resolution under Article 169 is to be passed by a majority of not less than two-thirds of the members of the
Muskan Sethi & Utsav Vats
Jul 8, 20211 min read
Restriction on unvaccinated people violative of fundamental rights under Articles 14, 19 & 21 of the Constitution: Gauhati High Court
On 2nd July 2021, Gauhati High Court held that the recently released SOP by the State of Mizoram is in clear violation of Articles 14, 19 and 21 of the Constitution of India. The bench comprising of Justice Michael Zothankhum and Justice Nelson Sailo stated that excluding unvaccinated persons from leaving their house and restricting them from earning their livelihood is against the fundamental rights
Maitreyee Dubey & Shubhangi Gupta
Jul 7, 20212 min read
Qatar World Cup- The Hideous Bank Of The Elegant Game
The FIFA World Cup 2022 is scheduled to be organized in Qatar next year. Before that, the venue has been surrounded by controversy because of the abuse of human rights of migrant workers who are involved in the restructuring and renovation of stadiums In 2013 famous British newspaper The Guardian exposed that the thousands of migrant workers were doing their work in hazardous conditions leading to
Deepesh & Supriyo Chatterjee
Jul 6, 20212 min read
The Iowa City Human Rights Commission extends its support for Black Lives Matter Movement
The Iowa City Human Rights Commission has recently extended its support for the black people and the “Black Lives Matter Movement” [1] and has pledged to take actions in solidarity with those individuals who are the victim of racism. According to the Commission, such victims face health disparities and violence by the police and others, because of colour racism which still exist in the society.
Sukrit & Shreshth Shrivastava
Jul 5, 20212 min read
Citizens right to practice religion is subservient to their right to life under Article 21: Madras High Court
Madras High Court on Friday while dismissing the PIL filed for the reopening of the temples in Tamil Nadu held that citizens right to practice religion is subservient to their right to life under Article 21 and when right to life is in danger, the right to practice religion can take a backseat .The Court stated that the Tamil Nadu government must have taken into
Kaushal & Reet Kaur
Jul 3, 20211 min read
Right to refuse vaccine doubtful during Covid-19 pandemic
As the COVID-19 pandemic continues to spread around the world, we have been witnessing the effects of the pandemic on various areas of law such as real estate law, commercial law, employment law, etc. The launch of COVID-19 vaccines has brought another significant legal issue regarding the right to refuse to be vaccinated under Article 21 of the Indian Constitution. In the case of M
Mehak Bansal & Neha Patel
Jul 2, 20212 min read
Article 21 of the Constitution guarantees that every human being has the right to live with dignity including access to the minimum requirements of existence: Supreme Court
In the case Re: Problems and Miseries of Migrant Labourers on Tuesday (29th June 2021), the Supreme Court directed all states to execute the “One Nation, One Ration Card” system and to operate community kitchens for migrants. The two-judge bench of Justices Ashok Bhushan and MR Shah, stated that it is the obligation of all states and governments to provide food security for the vulnerable. The Court
Sunny Verdani & Anushka Agarwal
Jun 30, 20212 min read
Reservation for persons with disabilities extends to promotions: Supreme Court
The Hon’ble Supreme Court on Monday held that the persons with physical disabilities have the right to reservation in the promotions also. T
Tanya Bajaj & Pratyaksha
Jun 29, 20211 min read
Anglo-Indian Suburban Front requests for restoration of Anglo-Indian Quota
The Anglo-Indian Suburban Front has put forward a request before the Tamil Nadu State Assembly to pass a resolution which urges the Central
Ishita Singh & Manmeet Kaur
Jun 28, 20211 min read
Forced vaccination vitiates fundamental right: Meghalaya High Court
An interesting constitutional point was made out by the Meghalaya High Court on 24th June, where the two-judge bench comprising of Chief
Prajjwal Tyagi & Biyanka Bhatia
Jun 27, 20212 min read
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