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Search results for "Article 15(4)"

202 results found for "Article 15(4)"

  • Forgetting Audi Alteram Partem: The Failures of the Places of Worship Act

    The issue being discussed in this article is not only pertinent to the Ram Janmabhoomi judgement or the The article also discusses more holistic alternatives to the Act that would maintain religious harmony 21 and that an inability to access the Courts violates Article 14 of the Constitution .   Even in India, in the case of In Re: Article 370 of the Constitution , Justice S.K. In Re Article 370 gave due consideration to the art of “ubuntu”  or humanity to others that should be

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

    Doctrine of Reasonable Restriction Article 19 (2) refers to “reasonable restriction” over the exercise Supreme Court has held that freedom of speech and expression is subject to reasonable restriction under Article Union of India, [iv] it was held that freedom of speech and expression guaranteed under Article 19 ( Nevertheless, the Court has struck it down on being violative of Article 19 (1) (a). Gaurav Ashwin Jain, (2007) 4 SCC 737. [vii] Virendra v. State of Punjab, 1958 SCR 308.

  • Revisiting Morality v. Legality in Light of Conflicting Judgements

    The petitioners, while seeking police protection under Article 226 , cited threats from their families Additionally, the Court asserted that the rights to life and personal liberty under Article 21  of the The charges included Section 366A  of the IPC and Sections 4 and 6 of the POCSO Act , pertaining to penetrative

  • From Persona to Power: Jurisdiction, Celebrity, and the Quiet Centralisation of Personality Rights in India

    This article argues that the rapid consolidation of personality-rights litigation before the Delhi High The article has four sections, as follows: The first section shows how the Delhi High Court became the Litigants are making more claims about personalities using Article 21 . State of Tamil Nadu In the  Rajagopal  case, the Supreme Court located privacy within Article 21 and Publicity Rights and the Limits of Article 21: ICC Development (International) Ltd. v.

  • 2nd National Seminar on "Constitutionalism in the Age of AI: Navigating the Algorithmic Maze": Submit Abstract by March 15 (EXTENDED)

    Shivangi Pahuja, Legal Academician Link to Join: TECHNICAL SESSION: 4 | THEME: ETHICAL CONSIDERATIONS

  • The Verdict Is In: Decoding The Arvind Kejriwal's Bail Case Controversy

    The Indian Constitution's Article 21 guarantees of life and personal liberty are inextricably related Article 21 provides that "no person shall be deprived of his life or personal liberty except according This decision emphasises how the Indian Constitution's Article 21, which protects the right to life and Violation of Article 14: The ED has put forth a strong argument against granting interim bail based on the right to campaign, citing concerns about equality before the law as guaranteed by Article 14 of

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

    It is argued in this article that the NALSA judgment blurs the line of distinction between horizontal Union of India, but leaving the phrase “backward classes” open-ended under Articles 15(4) and 16(4) ensured Union of India ((2014) 5 SCC 438), expanded the scope of Articles 15(4) and 16(4) of the Indian Constitution This expansive notion of Article 15(4) and 16(4) was further solidified in the Jat reservations judgment reservation for SC, ST and OBCs, where each of these groups has its own “separate” reservation under Article

  • Is the Contempt Law Protecting Administration of Justice or the Court's Dignity?

    his rights to express his opinions under the right to freedom of speech and expression as provided by Article went against its own liberal view of what can be constituted as contempt, in the case of Arundhati Roy[4] Shiv Shankar & Others, 1988 AIR 1208. [4]Arundhati Roy vs Unknown, AIR 2002. [5]Regina vs Police Commissioner

  • Socialist & Secular Preamble: Emergency’s Lasting Echoes in the Indian Constitution

    Supreme Court held that the Preamble is not a part of the Constitution and therefore not amendable under Article was never embraced in the Preamble by the initial framers, although the Directive Principles such as Article Article 368  stipulates that amendments to the Constitution have to be approved by a two-thirds majority

  • A Climate Standard For India’s Group Homes For Persons With Intellectual Disabilities

    If Article 21’s guarantee of life and personal liberty is understood to include a life of dignity and Article 14’s guarantee of equality is equally relevant: treating disability as a priority in principle Article 14 does not require the State to treat everyone identically where their circumstances create For people whose safety may depend on the institutions in which they live, the promise of Article 21 And if equality under Article 14 is to have meaning for people with intellectual disabilities, climate

  • Indian Assembly Elections 2022: How Far Responsible For COVID Savage To Nation

    Article 21 of the constitution projects the obligation on the state to preserve life. Employees’ State Insurance Corporation[4] , that the right to protection of life and personal liberty provide their workmen with proper facilities and health opportunities as pledged and provided in part 4 life under Article 21 which forms the basic fundamental rights of the citizens. April 29, 2021; https://www.bbc.com/news/56858980 [3] 1989 AIR 2039 [4] (1996) 2 SCC 682 [5] The Print

  • The Tug of War: Self-Identification v. State Categorisation in India

    However, this creates a substantial exclusion of the individual’s identification, by removing Section 4( physical inspection of the body, it violates the privacy, dignity and autonomy frameworks secured under Article

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