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

  • Right To Marry: A Fundamental Right

    Union of India The Supreme Court stated that triple talaq was declared unconstitutional, and it emphasised Union of India and others The court, in this case, stated that the right to privacy is protected as an Union of India , 2018, the bench of 5 judges constituted in this landmark case where the Supreme Court Union of India , a bench of 5 judges was constituted where the court stated that there is no fundamental Decisions in instances such as Sarla Mudgal v. Union of India  and Joseph Shine v.

  • Shreya Singhal v. Union of India: A Critical Analysis

    Union of India [ii] is a landmark judgment that has reiterated the intent of the constituent assembly The instant case is a writ petition filed under Article 32 of the Constitution of India pleading that Code, 1860, Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973.” Supreme Court and even discussed the American Jurisprudence to distinguish the notion of liberty in India [i] In re Ramlila Maidan Incident (2012) 5 SCC 1 [ii] Shreya Singhal v. Union of India, W.P.

  • Shreya Singhal v. Union of India: A Critical Analysis [Part-II]

    [i] In the case of Indian Express (Bombay) Private Limited v. Union of India[ii] the Supreme Court has held that freedom of speech and expression is subject to reasonable Union of India,[iv] it was held that freedom of speech and expression guaranteed under Article 19 (1) Union of India[xii], wherein the Court explicitly held that fundamental freedoms under Article 19 are [xii] Express Newspaper (P) Ltd. v. Union of India, AIR 1958 SC 578. [xiii] S. Khushboo v.

  • Kunal Kamra v. Union of India: On Deciding Whose Perspective To Push?

    Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 violated Articles 14 and 19 of the Indian Union of India , which mandates clear guidelines when imposing restrictions upon freedom of speech and Ultimately, the evolving landscape of freedom of speech and expression in India requires careful consideration References [1]  Shreya Singhal v. Union of India AIR 2015 SC 1523. [2]  S. Rangarajan v. P. Puttaswamy v. Union of India, (2017) 10 SCC 1.

  • Kunal Kamra v. Union of India: Challenging the Constitutional Validity of the 2023 IT Rules Amendment

    Authored by Kunal Parihar, a 3rd-year law student at National Law School of India University, Bangalore Union of India , the petitioners challenged the constitutional validity of a 2023 amendment to the Information Government or its authorised officers to block public access to any information in the interest of India's In ADR v. Union of India , the Supreme Court ruled that legitimate expectations can only be overridden in the public

  • A Case For Recognising The Right To Marry As A Fundamental Right

    Union of India denied this right to fundamental status, raising concerns about its potential impact on The recent Supreme Court decision in Supriyo Chakraborty v. Union of India reignited the debate. Union of India of 2006, where the Supreme Court affirmed the freedom to choose one’s spouse regardless Union of India, underscored the inherent dignity in the ability of individuals to make their own choices Union of India dealt specifically with the denial of marriage registration to a same-sex couple.

  • Anuradha Bhasin v. Union of India: A Missed Opportunity to Redefine Fundamental Rights

    Union of India. Gavai in the case of Anuradha Bhasin v Union of India and Ors held that “an indefinite suspension of Constitution that recognizes Jammu and Kashmir as an integral part of the Union of India. Union of India, Writ Petition (Civil) No. 1031/2019 available at https://indiankanoon.org/doc/82461587 /cases/bhasin-v-union-of-india/ [v] Anuradha Bhasin v.

  • Same-Sex Marriage in India

    However, the Supreme Court in Supriyo Chakraborty v Union of India held that there is no fundamental Union of India & Ors."  India can learn from their mistakes and move in the direction of a similar stance on same-sex unions. Union of India was a major step in the right direction, further legal change is still required before Union of India, 2023 SCC OnLine SC 1348 Sharma P and Law L, “No Legal Support For Queer Marriages In

  • Moral Legitimacy and the Constitutional Courts

    Union of India, wherein the court, with a majority of 3:2, declined the case of Petitioner of granting opinions and ultimately held that since there is no fundamental right of marriage, non-recognition of the union jurisprudence that has evolved through the cases of Anuj Garg, Babita Punia, Sabrimala, Navtej Singh Johar, Joseph Shine, Lt. References [1] Sudhir Krishnaswamy, Democracy and Constitutionalism in India: A Study of the Basic Structure

  • Criminalisation of Indian Politics Amidst Elections: The Road To Eligibility Test

    Union of India . Union of India  proposed that disqualifying corrupt parliamentarians will not stop the criminalization In the case of Union of India v. Union of India , it was highlighted that the candidates running for office must declare their assets, Union of India and Union of India v. Association for Democratic Reforms .

  • Relationship Between Union and State

    Introduction The relation between Union and States is a very important topic in the constitution of India In Indian constitution the relation between union and state has been defined under three heads namely 1950, art 249 and 250 [4] Constitution of India 1950, art 263 [5] Constitution of India 1950, art 265 Gopalan v. State of Madras (1958) 2 MLJ 117 [7] Constitution of India 1950 art 298 A [8] ITO v. of India 1950, art 285

  • The Upheaval of The Electoral Sanctity

    of IndiaUnion of India, wherein the Hon’ble Supreme Court upheld the validity of both notifications, citing Article Union of India, the Supreme Court upheld the “majority opinion's superiority” provision, affirming its Union of India, a PIL was submitted to the Hon'ble Supreme Court by the petitioner, contesting the procedure Joseph in the matter of Anoop Baranwal aptly reflects the pivotal role of the Election Commission in

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