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Another area of tort that developed in India which differs from the UK is the notion of constitutional torts. Creating constitutional torts is a public law remedy for violations of rights, generally by agents of the state, and is implicitly premised on the strict liability principle. [63]
M.C. Mehta v. Union of India originated in the aftermath of oleum gas leak from Shriram Food and Fertilisers Ltd. complex at Delhi. This gas leak occurred soon after the infamous Bhopal gas leak and created a lot of panic in Delhi. One person died in the incident and a few were hospitalized.
Janhit Abhiyan v. Union of India or EWS Reservation Case. 2022 The legality of the 103rd Amendment of the Constitution, which provides reservation in educational institutes as well as in jobs for the economically weaker sections, was upheld. Supriyo v. Union of India: 2023 The right to marry is a statutory right, not a constitutional right.
India has seen an increase in demolition drives in states ruled by Mr Modi’s Bharatiya Janata Party where such action is taken immediately after communal violence or a suspected crime takes place.
Fundamental Rights cannot be abridged or taken away by the amending procedure in Art. 368 of the Constitution. An amendment to the Constitution is 'law' within the meaning of Art. 13(2) and is therefore subject to Part III of the Constitution. Decision by: K. Subba Rao (Chief Justice) with J.C. Shah, S.M. Sikri, J.M. Shelat, C.A. Vaidiyalingam
Indian constitutional case law (9 P) Pages in category "Supreme Court of India cases" The following 60 pages are in this category, out of 60 total.
S. R. Bommai v. Union of India ([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) is a landmark decision of the Supreme Court of India, [2] where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations. The judgement attempted to curb blatant ...
"Justice Khanna was right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspects of the human persona, namely, life ...