Abuse of Administrative Discretion— A Detailed Study
by Barkha Tandon*
Fundamental Rights
Right to Sanitation a fundamental right: Patna HC issues directions to Bihar Govt and NHAI to construct “Public toilets” on highways
United Nation’s Sustainable Development Goal (SDG) No.6 explicitly recognises sanitation rights. Delay in providing sanitation facilities, in particular reference to women impedes in achieving SDG No.5 that talks about gender equality, and thereof pulling back all other associated goals.
Person languishes in jail for 2 years despite being granted bail by Supreme Court; Supreme Court criticizes Trial Judge for misinterpreting bail order
Supreme Court: In a significant case, the 4-judges Bench comprising of Uday Umesh Lalit, S. Ravindra Bhat, P.S. Narasimha and Sudhanshu Dhulia,
Use of loudspeaker in mosque is not a fundamental right: All HC
Allahabad High Court: The Division Bench of Vivek Kumar Birla and Vikas Budhwar, JJ., held that the law has been settled, that use
Whether there should be any “Cooling off Period” for civil servants to contest elections post resignation/retirement? Best left to the Legislature concerned, says Supreme Court
“The allegations of bureaucrats deviating from strict norms of political neutrality with a view to obtaining party tickets to contest elections, is vague, devoid of particulars and unsupported by any materials which could justify intervention of this Court.”
Solitary Confinement of Death Row Convicts: Judicial officer to probe to apprise Supreme Court of ground reality
Supreme Court: While addressing an appeal alleging solitary confinement of a death row convict, the 3-Judge Bench of Uday Umesh Lalit, S.
“One of the basic tenets to be followed by every Hindu is tolerance. Tolerance must be his own community or religion and in particular, to also to every other religious practice”: Madras HC
Madras High Court: C.V. Karthikeyan, J., expressed that, “One of the basic tenets to be followed by every Hindu is tolerance. Tolerance
Whether denial of conjugal rights to a prisoner amounts to violation of Art. 21 of the Constitution of India? Madras HC answers in light of “extraordinary circumstances”
Madras High Court: Expressing that, a convict cannot enjoy all the liberties as are available to a common person, otherwise there would
“Democratic interests cannot be judicially aborted to preserve unfettered freedom to conduct business, of the few”; Govt. decision to ban MTTs in PPE products ensures adequate PPE in India: SC
“This Court must be circumspect that the rights and freedoms guaranteed under the Constitution do not become a weapon in the arsenal of private businesses to disable regulation enacted in the public interest.”
Article 14 and Arbitrariness vis-à-vis Legislative Action [Part II]
by Siddharth R. Gupta † and Divisha Dwivedi ††
Cite as: 2021 SCC OnLine Blog Exp 83
National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC
“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”
Kar HC | A custody case of a toddler between a genetic mother and a foster mother; principle of ‘distributive justice’ not to be applied; Yashoda Maa and Devaki Maa finds reference in judgment
Karnataka High Court: Krishna S. Dixit J. disposed off the petition and remarked “there is & shall be no cause of action
Raj HC | Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed
Rajasthan High Court: Pushpendra Singh Bhati J. disposed of the instant petition with a direction to the petitioners to appear before the
Internet Freedom for an Inclusive Global Future
by Shruti Shreya†
Cite as: 2021 SCC OnLine Blog Exp 67
Raj HC | Red-Tapism prevalent in Rajasthan Nursing Council has resulted in rejection of candidature; Court found fundamental rights guaranteed by Arts. 14, 16 and 19(1)(g) of the Constitution of India violated
Rajasthan High Court: Dinesh Mehta, J., allowed and disposed off a writ petition which was filed aggrieved of the respondent’s action of
Pak SC comes down heavily on virginity tests. Holds that dragging sexual history of the rape survivor in a case, by making observations about her body, is unconstitutional
Supreme Court of Pakistan: In a significant decision, the 3 Judge Bench of the Court comprising of Manzoor Ahmad Malik, Mazhar Alam
SL SC | No man is allowed to take advantage of his wrong; Court finds Fundamental Rights under Arts. 12(1), 12(2), and 14(1) (g) of the Constitution violated [legitimate expectation]
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Sisira. J. de Abrew, Murdu Fernando and
Education policy which compels schoolchildren to recite words “Almighty God, in whose hands our future lies” as part of schools’ national pledge of allegiance, violates children’s Right to Freedom of Religion| Detailed Report
Constitutional Court of Zimbabwe: While scrutinizing the constitutionality of the policy and actions of the education authorities in compelling schoolchildren to salute
All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory
“The society has an ever-changing phenomenon. It keeps changing with time as per its new needs, expectation and other changing aspects. The very purpose of law is to serve society as per its requirements; therefore, the law also keeps evolving with the changes in society.”