Dissecting Supreme Court's Protection of Fundamental Rights- In conversation with Jayna Kothari, Editor, Rights in Review
6 years, 6 months ago

Dissecting Supreme Court's Protection of Fundamental Rights- In conversation with Jayna Kothari, Editor, Rights in Review

Live Law  

"In 2017, we can see that while Article 19 freedoms were not that strongly prominent, Article 25 Right to Freedom of Religion protection was very strong", Jayna Kothari, Editor, Rights in Review & Director, Centre for Law & Policy Research. Jayna Kothari: The Rights in Review started with the aim of reviewing Supreme Court cases which impact fundamental rights protection in India. Looking at the Review for successive years, we are able to cull out important indices –how the Supreme Court is deciding on socio-economic rights versus civil and political rights, which are the fundamental rights that have been expanded, what is the constitutional bench formation under different Chief Justices, who are the judges giving the decisions and the dissenting judgements in fundamental rights cases, among other trends. Jayna Kothari: While all the 11 decisions included in the Rights in Review are significant, out of these the most important decisions which advanced civil and political rights in the year 2017 was the right to privacy judgment in Puttaswami, the judgment in Independent Thought v. Union of India which criminalized the offence of child marital rape, the right to reproductive autonomy in Meera Santhosh Pal and the State of UP v. Anand Kumar Yadav judgment on the right to education. Jayna Kothari: The Rights in Review covers all Supreme Court judgments which impact fundamental rights.

Law India Supreme Court Judgment Protection Court Fundamental Rights Fundamental Review State Supreme Article Pan 2017 Quality Education Ita 18 Years Kothari Fundamental Right New Directions Jayna Kothari Jayna Puttaswami Editor Rights Rights In Review  judgment  jayna  editor  rights  dissecting  fundamental  courts  court  right  review  supreme  protection  article  2017  law  kothari

History of this topic

Supreme Court in 2024: A year of landmark verdicts and key developments
2 weeks, 2 days ago

Supreme Court in 2024: A year of landmark verdicts and key developments

Hindustan Times  

The year 2024 was an important one for the Supreme Court of India, marked by transformative judgments that reshaped constitutional and legal landscapes, reaffirmed the commitment to individual liberties, and underscored the principles of equality. The court also overturned an Allahabad high court decision invalidating the Uttar Pradesh Board of Madarsa Education Act, 2004, reiterating the importance of state oversight …

Discussion On Constitution & Fundamental Rights Should Be Taken To Grassroots : Justice AS Oka
1 month, 1 week ago

Discussion On Constitution & Fundamental Rights Should Be Taken To Grassroots : Justice AS Oka

Live Law  

Supreme Court Judge, Justice Abhay S. Oka expressed the need to introduce and simplify constitutional concepts and increase awareness of fundamental rights to people at the grass root level. Speaking at an event organised by The Leaflet on December 4, Justice Oka opined that despite 75 years since the coming of the Constitution, intellectual conversions on fundamental rights and powers …

'No Live Issue Existing' : Supreme Court Dismisses PIL To Declare Right To Vote As Fundamental Right
10 months ago

'No Live Issue Existing' : Supreme Court Dismisses PIL To Declare Right To Vote As Fundamental Right

Live Law  

The Supreme Court on Monday refused to entertain a Public Interest Litigation seeking the declaration of voting rights as part of fundamental rights. Chief Justice of India highlighted the necessity for a live controversy to be present before the court, emphasizing the need for a "live lis" to warrant jurisdiction under Article 32. Despite the advocate's assertion of an imminent …

The Supreme Court’s ‘no fundamental right to marry’ is wrong
1 year, 2 months ago

The Supreme Court’s ‘no fundamental right to marry’ is wrong

The Hindu  

So we have it from the Supreme Court of India in Supriyo Chakraborty. It is in this background that the Court, in Supriyo Chakraborty, was asked to decide the right of recognition to marriage by the state of non-heterosexual couples The human rights declaration The fundamental core decision of the Supreme Court in Supriyo Chakraborty is that there is no …

Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive
1 year, 5 months ago

Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive

Live Law  

The videos on social media and reports of the women being publicly assaulted by a group of people in Manipur are among the worst manifestations of communal frenzy. The Supreme Court of India has, belatedly, taken suo motu cognisance of the situation and observed: “We are expressing our deep concern. The SC must be conscious at all times about its …

Article 19 & 21 Rights Can Be Enforced Against Private Individuals & Entities : Supreme Court Holds By 4:1 Majority
2 years ago

Article 19 & 21 Rights Can Be Enforced Against Private Individuals & Entities : Supreme Court Holds By 4:1 Majority

Live Law  

In an important development, a Constitution Bench of the Supreme Court on Tuesday said that the fundamental rights enshrined in Articles 19 and 21 are enforceable even against persons other than the state or its instrumentalities. According to Justice Nagarathna, although this court, through its ‘jurisprudential labour’ has progressively expanded the scope of Article 12 of the Constitution so as …

Judicial Service Exams: Question (MCQs) Based On Latest Judgements With Explanatory Answers
2 years, 1 month ago

Judicial Service Exams: Question (MCQs) Based On Latest Judgements With Explanatory Answers

Live Law  

Which of the following is true with respect to a daughter's right of inheritance? A sole daughter will not inherit her intestate father's self-acquired property who dies prior to the enforcement of Hindu Succession Act, 1956 c. Collaterals would be preferred over the sole daughter of such intestate father d. Both b and c Answer: b Explanation: The Supreme Court …

Justice AM Khanwilkar's Legacy : Regression of Fundamental Rights
2 years, 5 months ago

Justice AM Khanwilkar's Legacy : Regression of Fundamental Rights

Live Law  

Justice AM Khanwilkar, who during his initial days of judgeship in the Supreme Court was mostly a silent concurring presence, transformed into a prominent voice towards the end of his 6-year term favouring the executive's stand in several high profile matters. Making bail impossible in UAPA case - NIA vs Zahoor Ahmed Shah Watali In a judgment which has received …

Fundamental Rights Only One Of The Constitution's Pillars;Have To Be Read Along With Fundamental Duties : Justice Vikram Nath
2 years, 6 months ago

Fundamental Rights Only One Of The Constitution's Pillars;Have To Be Read Along With Fundamental Duties : Justice Vikram Nath

Live Law  

Supreme Court Judge JJustice Vikram Nath delivered a keynote address on "Fundamental Duties vis-a-vis Fundamental Rights under Our Constitution" at the 2nd Justice HR Khanna Memorial National Symposium hosted by RMNLU Lucknow and NLU Odisha, partnering with the Confederation of Alumni for NLUs Foundation. In such dark days, Justice Khanna's carefully crafted dissent highlighting the importance of constitutional provisions as …

Know your Constitution: Fundamental rights and duties of every Indian citizen
2 years, 11 months ago

Know your Constitution: Fundamental rights and duties of every Indian citizen

Hindustan Times  

India, celebrating its 75th year of Independence from colonial rule, is all set to mark Republic Day on January 26, the celebrations for which kicked off today. The Constitution of India, the longest written constitution of any country, is considered the supreme law of the nation, and demarcates the structure, framework, powers, and duties of government institutions, and sets out …

Independence Day Special: 11 cases that advanced the rights of citizens
3 years, 5 months ago

Independence Day Special: 11 cases that advanced the rights of citizens

Hindustan Times  

For the first time after Independence, in this verdict, the judiciary defined limits beyond which the Parliament could not amend the Constitution. Supreme Court Advocates on Record Association vs Union of India This marked a turning point in judicial independence, with the judiciary wresting control from the executive on the matter of appointing new judges. NALSA vs Union of India …

'Constitution Is Our Holy Book' : 12 Top Quotes From Justice Rohinton Nariman's Judgments
3 years, 5 months ago

'Constitution Is Our Holy Book' : 12 Top Quotes From Justice Rohinton Nariman's Judgments

Live Law  

During his seven year term as a judge of the Supreme Court of Inida, Justice Rohinton Nariman has delivered several important judgments expanding the scope of fundamental rights jurisprudence, and settling the law in fields like arbitration and insolvency.Here are some notable quotes from the judgments authored by Justice Nariman.1. Section 497 IPC demeans and degrades women "A statutory provision …

Anti-terror laws should not be misused to quell dissent, says Justice DY Chandrachud
3 years, 6 months ago

Anti-terror laws should not be misused to quell dissent, says Justice DY Chandrachud

Firstpost  

The Supreme Court rule prompts it to ‘address the challenges of the 21st century, ranging from the pandemic to the rise of intolerance’, he added New Delhi: The criminal law, including the anti-terror legislation, should not be misused for quelling dissent or harassment of citizens, Supreme Court judge Justice DY Chandrachud has said while underlining the role of the apex …

SC’s Approach to ‘Policy Decisions’ Is Constitutionally Flawed
5 years, 9 months ago

SC’s Approach to ‘Policy Decisions’ Is Constitutionally Flawed

The Quint  

The Union of India has never provided an interpretation of the Constitution that suggests that policy decisions are exempt from judicial review. In fact, the argument entirely overlooks the fact that judicial review in India is available as a fundamental right. The distinctness of the Indian Constitution in this regard was explained by the Indian Supreme Court in 1952, where …

Young India speaks up on Citizens' Rights
5 years, 11 months ago

Young India speaks up on Citizens' Rights

Deccan Chronicle  

The fundamental rights every citizen of India enjoys, is one of the most important features of the Indian Constitution. Right to Privacy important In a day and age where everyone is on social media and wants to upload pictures and share their personal thoughts, I feel that Right to Privacy should now be a part of Right to Freedom, under …

Voices In Opposition Can’t Be Muzzled By Persecuting Those Who Take Up Unpopular Causes: Justice Chandrachud’s 2nd Dissent In The Week
6 years, 3 months ago

Voices In Opposition Can’t Be Muzzled By Persecuting Those Who Take Up Unpopular Causes: Justice Chandrachud’s 2nd Dissent In The Week

Live Law  

Unable to agree with the views of the Chief Justice of India Dipak Misra and Justice A M Khanwilkar “as a matter of principle”, Justice Chandrachud today observed that “dissent is a symbol of vibrant democracy” and “voices in opposition cannot be muzzled by persecuting those who take up unpopular causes” to hold that a Special Investigating Team must be …

Discover Related