– Decriminalisation of Homosexuality Background of the Case Section 377 of the Indian Penal Code, a colonial-era provision, criminalised “carnal intercourse against the order of nature”. Although rarely enforced, it had devastating consequences: The matter was reopened after the Puttaswamy (2017) judgement recognised privacy, dignity, and autonomy as Fundamental Rights. Core Constitutional Questions Supreme Court’s…
– Decriminalisation of Adultery Background of the Case Section 497 of the Indian Penal Code (IPC) criminalised adultery, but in a deeply unequal manner: Joseph Shine challenged this provision as being → Discriminatory, Archaic, Incompatible with constitutional values Core Constitutional Questions Supreme Court’s Judgement A five-judge Constitution Bench delivered a unanimous verdict. (a) Section 497…
– Sabarimala Temple Entry Background of the Case The Sabarimala Temple in Kerala had a long-standing practice of: This exclusion was enforced through → Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 The practice was challenged as being:→ Discriminatory→ Violative of women’s dignity and equality Core Constitutional Questions…
– 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…
