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

  • Judicial Legislation vis-à-vis International Conventions and Treaties

    relationship between judicial activism, lawmaking, and international conventions and treaties that India History and Current Practices of Such Judicial Activism India is a party to more than one hundred and Since Article 73 of the Constitution of India puts no restriction on the powers of the executive with The leading case is: Gramophone co. of India Ltd vs. Birendra Bahadur Pandey. In the case of Vellore citizens welfare forum vs Union of India (1996), the Supreme Court upheld the

  • Gender Neutrality in Domestic Violence Laws of India: The Neglected Male Side

    Union of India held that “the right to life and personal liberty under Article 21 is not limited to mere Domestic Violence Against Men: An Insight into the Figures and Statistics In India, where the Legislature In India, despite the data present on domestic violence against men, people are still under an impression Shine v. Union of India, adultery was decriminalised citing violation of Article 14 as one of the grounds.

  • Restitution of Conjugal Rights and Its Constitutional Validity

    Union of India[iii], the SC upheld the right to privacy as a fundamental right that grants individuals The Supreme Court, in its recent Joseph Shine ruling, concluded that the state cannot exercise authority Union of India, (2017) 10 S.C.C. 1 (India). [iv] Gobind V. State of Madhya Pradesh, (1975) AIR 1378 (India). [v] Huhhram V. Misri Bai, (1979) AIR MP 144 (India). [vi] Tirath Kaur V.

  • EWS Reservation In India: A Blow To Social Justice?

    The Supreme Court of India ultimately established clear guidelines for interpreting the affirmative action clauses in the Indian Constitution with the ruling in the case of Indra Sawhney v. Union of India . Eleven indicators were presented by Justice B. The development of reservation jurisprudence in India particularly in the context of EWS reservations In Union of India v.

  • Funding Mechanisms for Political Entities

    bearer bonds that can be purchased by any company or individual from the branches of the State Bank of India transparency, the political parties have to disclose their bank accounts to the Election Commission of India AITC (All India Trinamool Congress) is second and then Congress. Union of India The Supreme Court on 15th February 2024 passed a judgment that the electoral bonds are The Supreme Court on 11th March dismissed the application of the State Bank of India for the extension

  • From Kesavananda to Puttaswamy: Navigating through Constitutional Challenges

    Maneka Gandhi V. Union of India (1978) In the Maneka Gandhi v. Union of India (1986) In this case, the Supreme Court of India introduced the ‘principle of absolute Union of India (1992) It is one of the most important decisions of the Supreme Court of India on the Union of India (2011) The judgment focused on euthanasia and the right to die. Union of India (2014) The court held that transgender individuals have the right to identify with their

  • Federalism and Fundamental Rights: An Analysis of Part III of The Constitution

    Article 1 of the Constitution says “Union of States” which means that India is a union and states are Under India's Supremacy Clauses, federal law takes precedence over state law regarding both Union List In the case of Devika Biswas vs Union of India, the Supreme Court in a PIL held that Population control of India. India follows a quasi-federal system where power is divided between the Union (central) government and

  • Legalisation of Same-Sex Marriage in India: A Dream or Reality?

    History of the Homosexuals in India Historians have long argued that pre-colonial Indian society did Citizens believe in the union of marriage but unfortunately, there are many people in our country who Union of India decriminalised homosexuality and abrogated section 377 of the Indian penal code which Virginia, the same way inter-caste marriages are still frowned upon in India. As there was no official seal on their union they were subjected to immense agony, pain and above all

  • Is Hijab Ban in Educational Institutions Unconstitutional?

    Augmenting the Freedom of Expression and Religious Choice Article 19 (1) (a) of the Indian Constitution It was held by Radhakrishnan J. in NALSA v Union of India as “No restriction can be placed on one’s personal Puttaswamy v Union of India, where Chandrachud J. stated that the liberty of an individual to decide Union of India & Ors. that “Even if there are differences of opinion in certain areas, people have to dictating the dress code in educational institutions, which could lead to a serious religious divide in India

  • Royalty: To Be or Not To Be Taxed?

    Steel Authority of India .   However, the scope of this provision was challenged in India Cement Ltd v. This centripetal bias is a hallmark of India’s federalism, where the Union’s stronger position leads Steel Authority of India, the Supreme Court reaffirmed the independence of Indian States within their Union of India , where the Supreme Court emphasised that investors require a stable and predictable

  • Constitutional Imperatives: Addressing Marital Rape within Legal Frameworks

    The supreme law of the country is the Constitution of India. In India, Section 375 of the IPC lays down the definition of rape. engaged in deliberations in the case titled RIT Foundation vs The Union of India, [2022 SCC Online Del , which are the following: Independent Thought vs Union of India: In this case, the Supreme Court held RIT Foundation vs Union Of India (2019): Delhi High Court directed the government to consider amending

  • State or Mate? Unravelling the Effects of P K Biswas

    Authored by Aashi Goyal, a 3rd-year law student at National Law School of India University, Bangalore Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.” that have the authority to enforce, restrict and protect the fundamental rights of the citizens of India

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