– Right to Privacy as a Fundamental Right Background of the Case The case arose in the context of challenges to the Aadhaar scheme, where the Union Government argued that → The Constitution does not recognise a fundamental right to privacy This contention relied on two old Supreme Court judgments: Given the wide constitutional ramifications,…
– Triple Talaq and Constitutional Equality Background of the Case Shayara Bano, a Muslim woman, was divorced by her husband through talaq-e-biddat (instant triple talaq). She challenged the practice on the grounds that it: The case brought into focus the tension between →Personal laws and Fundamental Rights Core Constitutional Questions Supreme Court’s Judgement A five-judge…
(Fourth Judges Case / NJAC Case) Background of the Case To reform the judicial appointment process, Parliament enacted: The NJAC proposed to replace the collegium system with a body comprising: This system was challenged on the ground that it compromised judicial independence. Core Constitutional Questions Supreme Court’s Judgement A five-judge Constitution Bench delivered a far-reaching…
– Online Speech and Article 19(1)(a) Background of the Case Section 66A of the Information Technology Act, 2000 criminalised the sending of “Grossly offensive”, “Menacing”, “Annoying” messages through Computers, Mobile phones, Other electronic communication devices The provision: The constitutionality of this section was challenged in Shreya Singhal vs. Union of India. Core Constitutional Questions Supreme…
– Rights of Transgender Persons Background of the Case Transgender persons in India—including Hijras and Eunuchs—had historically faced:→ Social exclusion and stigma→ Lack of legal recognition of gender identity→ Systematic denial of education, employment, healthcare, and dignity The National Legal Services Authority (NALSA) filed a petition seeking:→ Legal recognition of transgender identity→ Enforcement of Fundamental…
– Civil Service Reforms and Administrative Neutrality Background of the Case Senior civil servants, including T.S.R. Subramanian, approached the Supreme Court highlighting: Despite repeated committee recommendations (e.g., Hota Committee), meaningful reforms had not been implemented. Core Governance Questions Supreme Court’s Judgement The Supreme Court issued mandatory directions to the Union, States, and Union Territories to…
– Immediate Disqualification of Convicted Legislators Background of the Case Under Section 8 of the Representation of the People Act, 1951, persons convicted of certain offences were disqualified from contesting elections. However, Section 8(4) created an exception: This preferential treatment was challenged in Lily Thomas vs. Union of India. Core Constitutional Questions Supreme Court’s Judgement…
– NOTA and Electoral Expression Background of the Case Under the Conduct of Election Rules, 1961—particularly Rules 41(2), 41(3) and 49-O—a voter had the option: However, exercising this option: PUCL challenged these provisions as being: Core Constitutional Questions Supreme Court’s Judgement The Supreme Court delivered a democracy-enriching verdict. (a) Right Not to Vote Is a…
– Passive Euthanasia and Article 21 Background of the Case Aruna Shanbaug, a nurse at KEM Hospital, Mumbai, was assaulted in 1973 and suffered severe brain damage, leaving her in a permanent vegetative state (PVS) for decades. A petition was filed seeking: This brought before the Court the deeply sensitive issue of euthanasia. Core Constitutional…
– Ninth Schedule and Basic Structure Background of the Case Article 31B and the Ninth Schedule were introduced to protect certain laws—initially land reform laws—from being invalidated for violating Fundamental Rights. Over time: Can Parliament place any law beyond judicial review merely by inserting it into the Ninth Schedule? The validity of such immunity, especially…
