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The apex Court raised an important question that "whether right to education is guaranteed to the Indian citizen under the Constitution of India?" The Supreme Court of India observed that mention of "life and personal liberty" in Article 21 of the Constitution [1] automatically implies some other rights, those are necessary for the full ...
This was challenged by the Golak Nath family in the courts and the case was referred to the Supreme Court in 1965. The family filed a petition under Article 32 challenging the 1953 Punjab Act on the ground that it denied them their constitutional rights to acquire and hold property and practice any profession (Articles 19(1)(f) and 19(1)(g ...
The decision had a significant influence on Indian constitutional law and has been described as the moment when the Supreme Court of India rejected "three decades of formalist interpretation, and inaugurated a new path where Courts would expand the rights of individuals against the State, instead of limiting or contracting them."
The G.O had provided caste-based reservation in government jobs and college seats. The Supreme Court's verdict held that providing such reservations violated Article 29 (2) of the Indian Constitution. [2] Here, the court held that Directive Principles of State Policy must conform to and run as subsidiary to the Chapter of Fundamental Rights.
The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual. Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation .
The Attorney General of India K.K. Venugopal had opposed the elevation of privacy as a fundamental right, representing the stance of the Union government of India in the Supreme Court. The previous Attorney General, Mukul Rohatgi , had opposed the right to privacy entirely, but Venugopal, while opposing the right, conceded that privacy could be ...
A shadow report by the National RTE Forum, representing the leading education networks in the country led by the late Ambarish Rai (a prominent activist), challenging the findings pointing out that several key legal commitments are falling behind schedule.[20] The Supreme Court of India has also intervened to demand implementation of the Act.[21]
S.P. Gupta v. Union of India [37] Established the Collegium system of the Indian Judicial System. 1993 Supreme Court Advocates-on-Record Association v. Union of India [38] Struck down the 99th Amendment of the Constitution of India and the proposal of the National Judicial Appointments Commission. 1998 In re Special reference 1 [39]