Reservation Law – Constitutionality – 103rd Constitution Amendment – Introduced 10% reservation for EWS in education and public employment – Petitioners argued it violated basic structure by excluding socially and educationally backward classes and exceeding the 50% reservation cap – Supreme Court upheld the amendment – Held, economic criteria for reservation do...
Constitutional Law – Article 21 – Right to Life – Compensation to Riot Victims – The Supreme Court held that the victims of the 1992-93 Bombay riots, due to the failure of the State Government to maintain law and order, were entitled to compensation under Article 21 of the Constitution, which guarantees the right to live with human dignity. The State Government’s fail...
Permanent Commission – Armed Forces – Indian Navy – Women Officers – Short Service Commission – High Court's judgment challenged – AFT dismissed applications challenging denial of Permanent Commission – Principle issue whether AFT could adjudicate validity of selection proceedings when relevant material disclosed only to AFT in sealed cover – App...
Constitutional Law – Writ Jurisdiction – High Court’s jurisdiction under Article 226 of the Constitution – Statutory remedy of appeal under Section 46(1) of the MP VAT Act, 2002 – High Court entertained a writ petition against the Assessment Order denying Input rebate despite availability of statutory appeal – Supreme Court held High Court’s decision unsus...
Constitutional Law – Writ of Quo Warranto – Appointment and Reappointment – High Court's power to issue writ of quo warranto when an appointment is made contrary to statutory provisions – State government's reappointment of Vice-Chancellor without authority held invalid – Chancellor retains power of appointment and reappointment under Section 8 of the Calcutta...
Right to Information vs. Right to Privacy – Balance of Rights – Petitioners (Banks) challenged the RBI’s directive to disclose information under RTI – Supreme Court acknowledged the conflict between the fundamental right to information and the fundamental right to privacy – Held, courts must balance these rights carefully, ensuring neither is disproportionately compro...
Religious Freedom – Sikh Gurdwaras – The Supreme Court upheld the validity of the Haryana Sikh Gurdwara (Management) Act, 2014, which is similar to the Sikh Gurdwaras Act, 1925. The Act allows the Haryana Committee, constituted under Section 3, to manage the affairs of Gurdwaras and their properties within the State of Haryana. The court found that the Act does not violate Articles 25 ...
Death Penalty – Mitigating Circumstances – The Supreme Court emphasized the need to frame guidelines for considering potential mitigating circumstances while imposing death sentences to ensure a uniform and fair approach. The court observed that in the current legal framework, convicts are at a disadvantage as aggravating circumstances are always on record as part of the prosecution...
Family Law - Child Custody - Welfare of the Child -Writ of Habeas Corpus under Article 226 of the Constitution seeking release of minor daughter—Petitioner married in India, daughter born in India, family moved to Canada—Matrimonial discord led to wife moving back to India with the minor—Foreign court judgment not binding—Dominant factor is the welfare of the child—He...
Constitutional Law – Article 136 – Plea of juvenility under Section 7A of the Juvenile Justice Act, 2000 can be raised at any stage, even after final disposal of the case – Supreme Court emphasized the significance of juvenility claims and the need for appropriate verification, given the potential for juveniles to be wrongfully tried as adults [Paras 1-30].
Juvenile ...