Right to be Forgotten – Explained, Pointwise

Introduction The Delhi High Court ordered the removal of easy access from one of its own judgments. The move respected the petitioner’s right to be forgotten (RTBF) and aimed to prevent post-acquittal stigmatization. RTBF is a right to remove private information about a person from Internet searches and other directories under some circumstances. It is… Continue reading Right to be Forgotten – Explained, Pointwise

Delhi High Court’s order upholds ‘Right to be Forgotten’

Synopsis: Recently, in response to a petition, the Delhi High Court ordered the removal of easy access from one of its own judgments. Delhi HC upheld the petitioner’s right to be forgotten to prevent post-acquittal disgrace faced by him. However, some experts have criticized the order, stating that minor modifications would have yielded better results… Continue reading Delhi High Court’s order upholds ‘Right to be Forgotten’

The SC ordered the closure of Italian Marines case in India

Synopsis – What is the case of the Italian Marines, what was the conflict between India and Italy over the issue and the possible reason of delay in prosecuting the matter. Introduction – After Italy deposited Rs 10 crore in compensation, the SC ordered the closure of court proceedings in India against two Italian marines… Continue reading The SC ordered the closure of Italian Marines case in India

The Right to a fair trial and the Indian Evidence Act

Synopsis: Acquittals in rape cases are often based on stereotypes about rape survivors and their past sexual history. But that has to change if India wants to ensure the Right to a fair trial. Background During the recent judgement by the Goa session’s court in Tarun Tejpal case the court referred to the survivor’s sexual… Continue reading The Right to a fair trial and the Indian Evidence Act

CBSE can’t refuse to change names after declaring results: Supreme Court

What is the News? The Supreme Court has directed the Central Board of Secondary Education (CBSE) to allow changes in name or date of birth in school certificates issued by it even after the publication of results. What is the issue? A petition was filed in the Supreme Court challenging the CBSE’s Examination Bye-Laws of… Continue reading CBSE can’t refuse to change names after declaring results: Supreme Court

Journalists need protection against “sedition charges”: Supreme Court

What is the News? Supreme Court of India has quashed the FIR lodged against a senior journalist for sedition charge and other offences. In that, the court held that the Journalists need protection against sedition charges. What was the case? A sedition case was filed against a senior journalist over his YouTube show where he… Continue reading Journalists need protection against “sedition charges”: Supreme Court

Supreme Court Guidelines on “Section 304-B” of IPC

What is the News? The Supreme Court in its recent judgement has widened the scope of Section 304-B of the Indian Penal Code(IPC). This section punishes persons accused of dowry deaths. Data on Dowry Deaths in India: Dowry deaths accounted for 40% to 50% of homicides in the country for almost a decade from 1999… Continue reading Supreme Court Guidelines on “Section 304-B” of IPC

SC Ruling on Personal Guarantor’s Liability for Corporate Debt

What is the News? The Supreme Court has upheld the government’s move to allow lenders to initiate insolvency proceedings against personal guarantors. Who is a personal guarantor? To showcase their intent to repay the bank loan on time, the promoters of some big business houses submit a personal guarantee to the lenders. It secures them… Continue reading SC Ruling on Personal Guarantor’s Liability for Corporate Debt

Laws and Initiatives for Welfare of Orphaned Children

Synopsis: This article provides information on two things. First, on the available legal means to report about orphaned children. Second, protections available under the state. Introduction  2nd wave of the pandemic has taken the lives of many young mothers and fathers. It has left many children orphaned and vulnerable. It is usual to see requests… Continue reading Laws and Initiatives for Welfare of Orphaned Children

Judicial Governance during Pandemic – Explained, Pointwise

Introduction The judiciary is referred to as the custodian of the constitution and protector of fundamental rights. It is the supreme authority responsible to punish the violators of fundamental rights and civil liberties. In this regard, it also has the power to review the decisions of the executive as mandated by Article 13. Further, under… Continue reading Judicial Governance during Pandemic – Explained, Pointwise

SC struck down the Maharashtra State Reservation for SEBC Act 2018

Synopsis: The SC has struck down the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018. The judgment would prevent realization of unjust benefits by the reservation. It would also encourage states to work on core supply-side issues in education and public employment which would curtail unnecessary demand for reservation. Background: The… Continue reading SC struck down the Maharashtra State Reservation for SEBC Act 2018

Maratha Reservation and the Reservation Policy in India – Explained, Pointwise

Introduction A five-judge Constitution Bench of the Supreme Court recently held the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018 as unconstitutional. This Maratha reservation law provides reservation benefits to the Maratha community in admissions and government jobs. However, the implementation of this reservation took the quota limit in the… Continue reading Maratha Reservation and the Reservation Policy in India – Explained, Pointwise

Supreme Court Upheld Validity of 102nd Constitution Amendment Act

What is the News? The Supreme Court of India has upheld the constitutional validity of the Constitution 102nd Amendment Act, 2018. About 102nd Amendment Act, 2018: The 102nd Constitutional Amendment Act, 2018 gave constitutional status to the National Backward Classes Commission. The Amendment also gives the President powers to notify backward classes. However, several states… Continue reading Supreme Court Upheld Validity of 102nd Constitution Amendment Act

West Bengal Housing Industry Regulation Act (WB HIRA) is Unconstitutional: SC

Synopsis: The court struck down the West Bengal Housing Industry Regulation Act (WB HIRA), 2017 as unconstitutional. The court also clarified that the legislations by the Parliament and the state government are on the concurrent list. Introduction: The central government enacted the Real Estate (Regulation and Development) Act to regulate the Real Estate sector in India.… Continue reading West Bengal Housing Industry Regulation Act (WB HIRA) is Unconstitutional: SC

Supreme Court observations on “seeking medical help for COVID-19”.

What is the News? The Supreme Court has said that there should not be any coercive action against any citizen. This is especially for citizens who are putting out emergency calls on social media for seeking medical help for COVID-19. Background: Uttar Pradesh government had recently ordered strict civil and criminal action against citizens. This… Continue reading Supreme Court observations on “seeking medical help for COVID-19”.

SC Warn States Against Restricting Information

Synopsis: The Supreme Court has warned the police and the government against harassing the people who need help. Background   The Supreme Court has issued a timely warning to the States. It is against any attempt to restrict the spreading of information about the health crisis or call for help.  The court issued this warning in… Continue reading SC Warn States Against Restricting Information

States control over temples is against Secularism

Synopsis: There is an urgent need to provide adequate community representation in the management of their places of worship Background There has been a persistent demand from the communities to deregulate state control over temples. Communities are asking for their right to representation in the affairs of the management of temples. Now the question is… Continue reading States control over temples is against Secularism

A Case of Declining Judicial Federalism in India

Synopsis: SC transferred all oxygen supply-related cases in various High Courts. It did so, in the name of prioritising uniformity across nations in the distribution of essential services. This step of SC is against Judicial Federalism in India. Background In Parmanand Katara v. Union of India (1989), the Supreme Court said that ‘the right to… Continue reading A Case of Declining Judicial Federalism in India

An Anlaysis of SC Ruling on Rohingyas

Synopsis: Supreme court recently ruled against providing protection to Rohingya refugees. It signifies a flawed understanding of the international convention to protect Refugees. Background Recently an application was filed before the supreme court to release the Rohingya refugees. They were detained in a sub-jail in Jammu and were likely to be deported to Myanmar. The… Continue reading An Anlaysis of SC Ruling on Rohingyas

SC Directions to CBI in ISRO Espionage Case, 1994

Synopsis – The Supreme Court has ordered the CBI investigation in the Nambi Narayanan ISRO Espionage case. CBI will review the involvement of the Kerala police. What is the ISRO espionage case? In 1994, a Maldivian woman was arrested. She was suspected of selling secrets from ISRO scientists to Pakistan. Mr. Narayanan was arrested along… Continue reading SC Directions to CBI in ISRO Espionage Case, 1994

State obliged to facilitate access to education: Supreme Court

What is the News? The Supreme Court has said that the State has an affirmative obligation to facilitate access to education, at all levels. What was the case? 2 students from Ladakh filed a petition in the Supreme Court. The Union Territory administration for MBBS studies nominated them. They were allocated seats in the prestigious… Continue reading State obliged to facilitate access to education: Supreme Court

High Courts should not intervene during police investigation:SC

What is the News?  The Supreme Court has cautioned the High Courts from passing blanket orders for protecting the accused from arrest during the pendency of an investigation. What was the case? In 2020, the Bombay High Court in an interim order directed that no coercive measures shall be adopted against the accused. The order… Continue reading High Courts should not intervene during police investigation:SC

People are Free to Choose Religion: Supreme Court

What is the News? The Supreme Court refused to entertain a PIL seeking directions to the Centre to ban black magic, superstition, and deceitful religious conversion. What was the case? A petition was filed in the Supreme Court seeking to control black magic, superstition & mass religious conversion of SC/STs. The petition also mentions the… Continue reading People are Free to Choose Religion: Supreme Court

SC Judgment on Rejection of Candidate Acquitted of Serious Crime

What is the News? The Supreme Court held that a public employer can reject a candidate if the candidate is unsuitable. Thus, a person acquitted of a serious crime merely on the benefit of the doubt can be rejected. What was the case? A man cleared the recruitment exam of a constable in the Rajasthan… Continue reading SC Judgment on Rejection of Candidate Acquitted of Serious Crime

SC Cautions Court against Granting Bail in Heinous offences

What is the News? The Supreme Court cautioned courts against granting bail in heinous offences. The SC said that the seriousness of the charge is a basic consideration before releasing an accused on bail. What was the case? The Kerala High Court granted bail to a man accused of the murder of a 30-year-old dentist… Continue reading SC Cautions Court against Granting Bail in Heinous offences

Why the Places of Worship Act, 1991 has been challenged?

Synopsis: The enactment of the Places of worship act, 1991 is an act of colourable legislation. Further, it is against the liberty of belief, faith, and worship to all. Background Sections 3 and 4 of the Places of Worship Act, 1991 has been challenged in the supreme court as being unconstitutional, void and against the… Continue reading Why the Places of Worship Act, 1991 has been challenged?

SC Issues Directions for “Accident Information Report”

What is the News? The Supreme Court issues directions to police, Motor Accidents Claims Tribunals(MACTs), and insurance companies regarding accident information reports. The aim of the directions is to make the compensation process to victims more smooth and claimant-friendly. What was the case? The Insurance company Bajaj Allianz filed a writ petition in the Supreme… Continue reading SC Issues Directions for “Accident Information Report”

Supreme Court Allows Sale of “Electoral Bonds”

What is the News? The Supreme Court has refused to stay the sale of electoral bonds prior to the Assembly elections in West Bengal and Tamil Nadu. What was the case? An NGO, Association for Democratic Reforms(ADR), filed a petition. The petition demanded a stay on the sale of the Electoral bonds scheduled between April… Continue reading Supreme Court Allows Sale of “Electoral Bonds”

Need for an Integrated Digital System in Indian Justice System

Synopsis: Implementation of an integrated digital system for the criminal justice system will help in speedy justice. Background 43 years old Vishnu Tiwari was recently found innocent by the Allahabad High Court. Vishnu was sentenced to life imprisonment for rape under the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (Prevention of… Continue reading Need for an Integrated Digital System in Indian Justice System

NCT of Delhi (Amendment) Bill, 2021 is against the Principle of Federalism

Synopsis: The Lok Sabha has passed the Government of NCT of Delhi (Amendment) Bill, 2021. The Bill is against the constitutional morality and hence, it needs to be declared unconstitutional. Background Article 239AA of the Constitution of India granted Special Status to Delhi in 1991 through the 69th constitutional amendment (CAA). The 69th CAA provided… Continue reading NCT of Delhi (Amendment) Bill, 2021 is against the Principle of Federalism

Significance of Supreme Court Guidelines on Gender Stereotypes

Synopsis: The Supreme Court advocated some important steps to avoid gender stereotypes while setting aside the Madhya Pradesh High Court order. Now it is time for us to work towards its implementation. Introduction: The Supreme Court set aside the controversial rakhi-for-bail order of Madhya Pradesh High Court. Further, the top court issued a set of guidelines… Continue reading Significance of Supreme Court Guidelines on Gender Stereotypes

Madras High Court on Use of Public Funds for Campaigns

What is the News? The Madras High Court has asked the ECI (Election Commission of India) to ensure that public funds are not for campaign purposes. What was the case before the Madras High Court? A political party filed the PIL in the Madras High Court. It seeks a direction to ECI to prohibit ministers,… Continue reading Madras High Court on Use of Public Funds for Campaigns

Sachin Waze Case | The Issue of Right to Legal Counsel in Custody

Synopsis – The NIA recently arrested Sachin Waze in the Antilia case. Waze has filed an application seeking permission to meet his lawyer. In this article, we will see the provisions regarding the right to legal counsel for those in police custody. Introduction- In Feb., an SUV was found parked near industrialist Mukesh Ambani’s multi-story… Continue reading Sachin Waze Case | The Issue of Right to Legal Counsel in Custody

GNCT of Delhi Amendment Bill 2021 and Supreme Court’s Verdict

Synopsis: GNCT of Delhi Amendment Bill 2021 appears to go against the idea of representative government. Introduction  The Centre’s Bill is trying to amend the law that relates to the governance of the National Capital Territory of Delhi. The bill claims that its aim is to implement the Supreme Court judgments on Delhi’s governance structure.… Continue reading GNCT of Delhi Amendment Bill 2021 and Supreme Court’s Verdict

Validity of “State’s resolution against Central laws”

What is the News? The Supreme Court has found no harm in State Legislative Assemblies passing resolutions against Central laws. It was seen in the cases of the Citizenship Amendment Act or the new farm laws. What was the case? Several State Assemblies passed resolutions against the Citizenship Amendment Act and the farm laws. A… Continue reading Validity of “State’s resolution against Central laws”

SC Guidelines for Bail in Sexual Assault Cases to Lower Courts

What is the News? The Supreme Court has set aside the “rakhi-for-bail” order of the Madhya Pradesh High Court. Further, the SC also issued guidelines to be followed by Courts while dealing with sexual assault cases. What was the Rakhi for Bail order of the MP High Court? In 2020, the Madhya Pradesh High Court… Continue reading SC Guidelines for Bail in Sexual Assault Cases to Lower Courts

SC sought Centre’s response in “ration cards cancellation” case

What is the news? The Supreme Court has asked the Centre to respond to a plea. The plea is related to the cancellation of over three-crore ration cards for not linking them to Aadhaar. What is the case? A petition has been filed in the Supreme Court by the mother of an 11-year-old. The child… Continue reading SC sought Centre’s response in “ration cards cancellation” case

The Government of NCT of Delhi (Amendment) Bill 2021- Explained, Pointwise

Introduction The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 or the NCT of Delhi (Amendment) Bill 2021 got introduced in Lok Sabha. It amends certain provisions related to the distribution of powers and responsibilities among the L-G (Lieutenant Governor) and the Delhi legislative assembly. The issue of power tussle between the L-G… Continue reading The Government of NCT of Delhi (Amendment) Bill 2021- Explained, Pointwise

Petition in SC for Protection of “Great Indian Bustard”

What is the News? The Supreme Court gave several suggestions to protect the Great Indian Bustard in Gujarat and Rajasthan. What was the case? A petition has been filed in the SC regarding the deaths of the Great Indian bustard (GIB). The deaths happened due to a collision with high voltage power lines. The petitioner… Continue reading Petition in SC for Protection of “Great Indian Bustard”

Plea Challenges “Places of Worship Act,1991” in SC

What is the news? The Supreme Court asked the Centre to respond to a plea challenging the Places of Worship Act, 1991. About Places of Worship (Special Provisions) Act 1991: The Act was passed in 1991. It seeks to maintain the “religious character” of places of worship as it was in 1947. The Ram Janmabhoomi-Babri… Continue reading Plea Challenges “Places of Worship Act,1991” in SC

Lack of Gender sensitivity in the Court Judgments

Synopsis:   Lack of gender sensitivity by the judiciary is one of the fundamental reasons for the worsening security of Women in India. The judiciary in many cases enforced societal attitudes towards women. The worsening state of security of women in India: India rated as the most dangerous country for women, as per the Thomson… Continue reading Lack of Gender sensitivity in the Court Judgments

Revisiting the Ruling of Indra Sawhney Case

Synopsis: The Supreme Court is examining the constitutional validity of the Maratha reservation policy. During the hearing, it mentioned that it will re-examine the landmark verdict in the Indra Sawhney vs Union of India case 1992. What is the Indra Sawhney Case? The Mandal Commission- In 1979 the Second Backward Classes Commission was set up… Continue reading Revisiting the Ruling of Indra Sawhney Case

The Mandal case and Reservation in India – Explained, Pointwise

Introduction Supreme Court (SC) may examine the 50% reservation cap set by the Mandal case ruling of 1992(Also known as Indra Sawhney case). The decision was taken during the examination of the constitutional validity of the Maratha reservation policy of the Maharashtra government. During the hearing, the SC asked states whether they are in favour… Continue reading The Mandal case and Reservation in India – Explained, Pointwise

Supreme Court judgment on Sedition Law

What is the News? The Supreme Court in the Rajat Sharma v. The Union of India Case ruled in favour of Farooq Abdullah. The court in its ruling said that disagreeing with the views and policies of the government will not attract the offence of sedition. What was the case? A petition was filed in… Continue reading Supreme Court judgment on Sedition Law

Issue of adultery in Civil Services and Army

Synopsis: SC decriminalized the act of adultery in the Joseph Shine vs Union of India case. However, it is still not clear whether adultery is the right ground for departmental enquiries against Civil Servants or Army officials. Background Members of All India Services (AIS) are governed by a moral code of conduct. It requires them to… Continue reading Issue of adultery in Civil Services and Army

Use of Criminal conspiracy Law in India – Explained, Pointwise

Recently the Delhi High Court granted bail to a climate activist in the Greta Thunberg toolkit case. The court dismissed the criminal conspiracy charges filed by Delhi police due to a lack of evidence. The law on criminal conspiracy was enacted to control the nationalist movement in India before independence. However, even after more than… Continue reading Use of Criminal conspiracy Law in India – Explained, Pointwise

Landmark verdict on Sexual harassment and its value for Women

Synopsis – The key takeaways from the landmark verdict on Sexual harassment by Delhi High Court and its value for women. Background – Recently Delhi court has acquitted a former journalist in a defamation case filed by a former Union minister. In this case, a journalist initially made allegations of sexual harassment against the former… Continue reading Landmark verdict on Sexual harassment and its value for Women

Judicial Review and Public Protests in India

Synopsis: The timely judicial review of the constitutional validity of laws would have reduced the number of protests in India. Background: In the Shaheen Bagh protest case, in 2020, SC held that there is no absolute right to protest and public spaces cannot be occupied and that too indefinitely. It affects the right of the… Continue reading Judicial Review and Public Protests in India

The need of explicit details of the offences against the children in POCSO Act

Source- The Hindu Syllabus – GS 2 –  Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Synopsis: The Protection of Children from Sexual Offences (POCSO) Act was enacted especially to protect children from sexual assault. Background In the case of Satish Ragde v. State of Maharashtra, Bombay High Court acquitted the accused… Continue reading The need of explicit details of the offences against the children in POCSO Act

NITI Aayog study to track “Economic Impact of Green Verdicts”

What is the News? NITI Aayog has commissioned a study to examine the unintended economic consequences of judicial decisions that have hindered and stalled projects on environmental grounds. About the study Responsible body: The study is to be undertaken by Jaipur-headquartered CUTS (Consumer Unity and Trust Society) Centre for Competition, Investment, and Economic Regulation. It… Continue reading NITI Aayog study to track “Economic Impact of Green Verdicts”