हिंदी समाचार पढ़े
Expand
O.P. Jindal Global University
 
Home / Latest News / Landmark Supreme Court cases which affected Fundamental Rights of Citizens: CLPR Report. Read Report here

Landmark Supreme Court cases which affected Fundamental Rights of Citizens: CLPR Report. Read Report here

June 13,2018:

The year 2017 saw significant trend for Fundamental Rights Protection in India. Supreme Court of India constituted a 5 judge Benches more readily to decide the significant Fundamental Rights cases.

Fundamental Rights
Fundamental Rights

Fourth Edition of Rights in Review Report, which has been published by Centre for Law and Policy Research (CLPR) discusses the 11 Important SC Judgements which affected the Fundamental Rights.

Report analyses the Supreme Court decisions on the fundamental rights, which have extended or modified legal doctrine, applied to new law to new circumstances or have otherwise had a significant impact on the public policy or the public affairs.

Among important judgments are as follows: Justice KS Puttaswamy v Union of India, Independent Thought v Union of India and Shayara Bano v Union of India.

Justice Puttaswamy’s case, a Nine Judge Bench, unequivocally held that all the individuals have a Constitutionally protected Fundamental Right to Privacy.

Case brought by NGO Independent Thought is what finally prompted the Court to strike down as unconstitutional child marital rape, which was hitherto validated under the Exception 2 to Section 375 of the Indian Penal Code.

While Shayara Bano case, majority of 3:2 judges invalidated the practice of Triple Talaq. The 3 judges who were in agreement on striking down the Triple Talaq, the reports states that each judge found their own independent explanation to support this conclusion, rather than a uniform interpretation of the law.

Aadhaar case has now been reserved for judgement. Another case which is tied to judgment in impending Aadhaar judgment is the case of Binoy Viswam v Union of India, which allowed the mandatory linking of PAN card with Aadhaar, albeit with prospective effect.

Extension of State responsibility to Private Sector: In Secretary, Mahatma Gandhi Case v. Kamgar Sena, Supreme Court extended Pay Commission recommendations to the unaided Private Institutions citing the state obligations under Article 43. While doing so, it extended the scope and horizontal application of equality guarantee to private actors. An argument can be made that this case collapsed the division between public and private sectors in reaching their judgment.

Right to Education means Right to Quality education: In State of Uttar Pradesh v. Anand Kumar Yadav, the Court struck down the Uttar Pradesh Right to Education Amendment, which regularised the employment of 1.74 lakh Siksha Mitras (Contractual Workers) as elementary school teachers. It affirmed that Right to Education under Article 21A means Right to Quality Education. No trade-off can be made with Quality for purpose of a wider reach. This will have significant policy implication; similar moves by other states have become void after this judgment.

The other landmark cases that find their mention in the Report are the cases of Nikesh Tarachand Shah v Union of India (in which Section 45 of Prevention of Money Laundering Act was struck down), Arjun Gopal and Ors. v Union of India (regarding the ban on Firecrackers in the National Capital Territory of Delhi) and Hussain and Others v Union of India (regarding the rights of undertrial prisoners, including early release and grant of bail).

Read Full Report @LatestLaws.com:

Rights in Review Report,2017 by CLPR (Download PDF)

Rights in Review Report,2017 by CLPR by Latest Laws Team on Scribd

Facebook Comments

 
Related tags :
 

TOI

Hindu

Hindu

TOI

Demonitisation Diaries 2 Demonitisation Diaries 2  pic by sify Pic by Hindu Women Empowerment and Sports Women Empowerment and Sports

Hindu Hindu

TOI

TOI

Demonitisation Diaries 1 Demonitisation Diaries 1                                  pic by sify   ALL_1_Theme_01A_24_2383617g

Hindu

Hindu [caption id="attachment_97467" align="alignleft" width="621"]Humour with Latest Laws Humour with Latest Laws[/caption]

TOI

Job Hazards Tax Reforms    by Hindu Tax Reforms by Hindu Let Justice Be Let Justice Be

TOI

TOI

TOI Hindu Hindu Delivery Boy Delivery Boy                    by Satish

Hindu

TOI Cartoon Hindu Hindu TOI State of Affairs Women Safety: State of Affairs             pic by mangal If India takes One Step, we will take Two by Satish If India takes One Step, we will take Two ...................by Satish Netas in Election mode Netas in Election mode Pakistan Democracy Pakistan Democracy

Hindu

Time to straighten up Time to straighten up                pic by TOI

Hindu

TOI

Belts are for Dogs Belts are for Dogs

Hindu Hindu

Hindu

Hindu

TOI

IBN IBN

Hindu

pinterest

UIDAI Leaks UIDAI Leaks TOI

...as an eminent lawyer you ought to know that your action tantamount to, under Section B, sub-section G.VIX, read along with I.P.C. (A) XI (B), notwithstanding...                                        TOI

Four Pillars of Democracy Four Pillars of Democracy             by Satish State of Two Nations State of Two Nations               pic by sandeep Lawyers Bearing the Burden Literally Lawyers Bearing the Burden Literally pic by OMG

TOI

Humour @ Latest Laws Achhey Din Humour @ Latest Laws: Achhey Din State of JudiciaryState of Judiciary by Sandeep Adhwaryu of TOI

Hindu

Soaring of Oil Prices pic by indiaone Hindu Acheche DIn Acheche Din     pic by sify

Hindu

Auto Driver thrashed for no fault Auto Driver thrashed for no fault,                  source oneindia Demonitisation Diaries Demonitisation Diaries                                                       by sify Hindu TOI Alligator vs Litigator Alligator vs Litigator 150425_-_farmers_a_2384764f

Hindu

Painting India Saffron Painting India Saffron America First Walk Your own Talk NPA Hurts Public Sector Banks NPA Hurts Public Sector Banks Missing the Point Missing the Point pic by english blog Hindu Donald Trump’s immigration ban Donald Trump’s immigration ban
Download our App
ios icon
android icon
 
 
 

Check Also

Supreme Court

Should Chief Justice of India’s office be under RTI ambit? Supreme Court to hear plea

March 25, 2019: In 2010, a three-judge bench of the Delhi High Court comprising justices AP Shah, Vikramjit Sen and S Murlidhar had held that the office of the CJI is a “public authority” and hence it comes under the ...

Leave a Reply

Your email address will not be published. Required fields are marked *