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138 items found for "Joseph Shine v. Union of India"

  • Transformative Constitutionalism

    In countries like India, the constitution plays a crucial role in addressing inequities, biases, and In the case of Justice Puttaswamy (retd) vs Union of India, which is also known as the right to privacy Whereas in the case of the National Legal Service Authority (NALSA) VS Union of India, the judgment of Union of India, section 377 was decriminalised, which was about the same-sex relationship between adults The Sabrimala Saga: In the case of the Indian Young Lawyers' Association and Ors. v.

  • Horizontal Reservation for Transgender: A Mirage of Equality

    Union of India (“NALSA judgement”). portion of the community currently engages in, like begging and sex work, has been criminalized in India In India, Vertical reservation is particularly for the reservation for the underprivileged people belonging In Indira Sawhney v Union of India, (“Indira Sawhney”), Supreme Court provided a 50% cap on reservations organisation dedicated to the rights of transgender persons and sexual minorities, in the case of Sangama v.

  • Does the DPDPA 2023 strengthen the Right to Privacy in India?: A Constitutional Perspective

    In India, the Digital Personal Data Protection Act (“DPDPA”) is the latest and most significant legislation Puttaswamy v. Union of India, Justice K.S. Puttaswamy (Retd.) v. Union of India, or Navtej Singh Johar v. Union of India. Puttaswamy v. Union of India and Navtej Singh Johar v. Union of India, have expanded its scope and recognition.

  • The Third Gender: Protection or Discrimination? A Critique of Transgender Rights Act, 2019

    Hotel Association of India held that personal autonomy and self-expression are protected under Article Union of India , gender identity was recognized as one of the most fundamental aspects of life and every It was said that the continued discrimination against the transgender community in India is contrary Union of India , the Hon’ble Court held that the right to privacy is a fundamental right under Art. 14

  • From Ideals to Foundations: The Evolution of Secularism in India's Constitutional Bedrock

    organised by The Society For Constitutional Law Discussion The evolution of the Basic Structure concept in India The Basic Structure Doctrine is a legal principle in some countries, most notably India, that considers Bommai v. Union of India, which formally held Secularism to be a part of the Basic Structure. Union of India case had its roots in a highly contentious context. During Prime Minister V.P. Union of India is frequently cited as a precedent to assert that secularism is an integral element of

  • (LGBTQIA+): The Spectrum of Human Sexuality and Gender

    Union of India, it was decided that the fundamental right to freedom of expression under Article 19(1 However, in National Legal Services Authority (NALSA) v. Union of India, a bench of Justices K.S. Puttuswamy v. Union of IndiaUnion of India, the Supreme Court ruled in 2018, that Section 377 was unconstitutional. Union Of India. D. Y.

  • SEBC Status to Gender Minorities? – Pragmatic Interpretation from the Madras High Court over the NALSA Verdict

    Union of India that opened up  such a possibility.  Reservations to Gender-Minorities: Horizontal-Vertical Divide Reservations under the Indian Constitution Union of India , but leaving the phrase “backward classes” open-ended under Articles 15(4) and 16(4) Union of India  ((2014) 5 SCC 438), expanded   the scope of Articles 15(4)  and 16(4) of the Indian Constitution of India following the obligation placed in NALSA to ascertain whether the inclusion of transgenders

  • Electoral Bonds: Depicting the Real Picture in Case of India

    In 2019, the Supreme Court of India heard a petition challenging the legality of electoral bonds. A Case for Judicial Review of Legislative Process in India? How Electoral Bonds Distort India’s Democracy. -49344 ADR v/s Union of India & Ors., No. 880 of 2017. https://main.sci.gov.in/supremecourt/2017/27935 /27935_2017_1_1501_50573_Judgement_15-Feb-2024.pdf India. (1950) The Constitution Of India.

  • Revisiting Morality v. Legality in Light of Conflicting Judgements

    debate seems to have been laid to rest with the positivist approach emerging as triumphant in the West, India In multicultural India, this has, however, created a flawed system where inconsistencies with moral and The social and moral fabric of traditional India has viewed such relations as moral in multiple instances principles and moral authority leads to the question of what normative validity is in 21st-century India As India attempts to reach the jurisprudential ideal, the balance between law and morality must be trodden

  • Revisiting Judicial Interpretation of Socialism in the Wake of Rising Capitalism

    Nakara v. Union of India (1983), Mafatlal Industries Ltd vs. Union of India (1996), Sanjeev Coke Manufacturing Company vs. that could even fund the entire Union budget of India; the purse of the top 10 richest had a staggering Cooper v. Union of India (Cooper)  (1970).  The court echoed a similar view in the judgment of   Minerva Mills Ltd. & Ors. vs Union of India & Ors

  • A Framework for Representative Democracy

    Union of India converged unanimously in ruling the scheme of Electoral Bonds as unconstitutional due They are issued by any authorized branch of the State Bank of India and can be used to make donations Union of India, which were given in the context of the exercise of executive privilege under Section of India v. Association of Democratic Reforms (hereinafter referred to as 'ADR' Case) and PUCL v Union of India (

  • With Great Freedom, Comes Great Responsibility: Enforceability of Fundamental Duties

    anti-secessionist strikes, for instance, the Khalistan movements, which have caused significant tensions between India The Indian Scenario Fundamental duties were initially not a part of the Indian Constitution. Union of India, where the court directed the closure of Tanneries close to the river Ganges near Kanpur Union of India (Taj Trapezium Case) case, where the court banned the usage of coal and cake and directed Students Union vs.

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