Constitutional law Archives - Page 2 of 4 - Lawwatch : Legal Resources for Learners

Governor may Give his Assent or Return the Bill

By K Rajasekharan 5 July 2023Constitutional law

The issue whether the Governor of a State can withhold a bill passed by the legislature without acting upon it is a serious matter being debated in governmental bodies, judiciary, and the public sphere, with no consensus in sight.

Fundamental Right can be enforced against Individuals

By K Rajasekharan 9 May 2023Constitutional law

A fundamental right, under Article 19/21 of the Constitution, can be enforced even against persons other than the State or its instrumentalities. This is what the Supreme Court (SC) says in a 4:1 majority judgment in Kaushal Kishor v State of UP. Justice B V Nagarathna, the sole dissenting judge, issued a dissenting judgement.

Overseas Citizenship of India: What it is?

By K Rajasekharan 26 December 2022Constitutional law

India introduced the Overseas Citizenship of India (OCI) Scheme by amending the Citizenship Act, 1955 in August 2005. The Scheme provides for registration as Overseas Citizen of India. A registered Overseas Citizen of India is granted multiple entry, multipurpose, life-long visa for visiting India.

UGC Regulations have Priority over University Laws: SC

By K Rajasekharan 23 October 2022Constitutional law

The issue whether the UGC Regulations shall prevail over the State legislation/State Act has been answered emphatically by the Supreme Court (SC) once again in Professor (Dr.) Sreejith P.S. v Dr. Rajasree M.S. & Ors. The SC categorically holds the appointment of Vice Chancellors in the state universities should be as per the prevailing UGC Regulations if the regulation is in conflict with the State’s University Act.

Judgement must be Clear, Simple & Comprehensible: SC

By K Rajasekharan 21 October 2022Constitutional law

In State Bank of India and Another v Ajay Kumar Sood, the Supreme Court (SC) set aside the judgement of the High Court of Himachal Pradesh in view of the language of the judgement was incomprehensible and therefore remitted it back to the High Court to rewrite it in an easy-to-understand style.

On Media’s Right to Publish Private Matters

By K Rajasekharan 27 May 2022Constitutional law

The extent of media’s right to publish matters relating to citizens unauthorised account of life and activities, under the freedom of press guaranteed by Article 19(1)(a) of the constitution, was considered by the Supreme Court (SC) in R. Rajagopal v State of T.N (known as Auto Shanker case).

Can a Citizen be forcefully Vaccinated?

By K Rajasekharan 18 May 2022Constitutional law

No person can be forcefully vaccinated, even in the scenario of fast spreading Covid in the recent past. Such an exercise would violate the Fundamental Right of Life & Personal Liberty (Article 21) of such an individual under the Constitution.

Power under Article 227 to be used Sparingly

By K Rajasekharan 11 May 2022Constitutional law

The powers under Article 227 of the Constitution should be exercised sparingly. The exercise of such powers under the Article should be to keep the Tribunals/ subordinate courts within the bounds of their authority. Under the article 227 the High Court is not expected to correct mere errors of law or fact or just because another view than the one taken by the Tribunals or Courts subordinate to it, is possible.

Regularisation of Temporary Employees is illegal

By K Rajasekharan 8 May 2022Constitutional law

In a claim for regularisation of temporary employees in LIC in a case ( Ranbir Singh vs S.K. Roy, Chairman, LIC ) spanning four decades, the Supreme Court (SC) categorically said that a public employer such as LIC cannot be directed to carry out a mass absorption of over 11,000 workers on such flawed premises without following a recruitment process, relying on the constitutional bench judgement in Secretary, State of Karnataka v Umadevi.

Substantial Question of Law & Second Appeal

By K Rajasekharan 3 December 2021Civil law, Constitutional law

A second appeal lies to the High Court (HC) from every decree passed in appeal by any subordinate court if the HC is satisfied that the case involves a substantial question of law. If satisfied the HC shall formulate that question. The Memorandum of Appeal shall state the substantial question of law proposed.

Termination for hiding facts during Selection

By K Rajasekharan 14 November 2021Civil law, Constitutional law

In Avtar Singh v Union of India & Ors delivered on 21 July, 2016, a three-judge bench of the Supreme Court (SC) considered various decisions on the question of suppression of information or submitting false information in the verification form as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. In the judgement the SC resolved the conflict of opinion in the various earlier decisions of its Division Benches and arrived at some guidelines in deciding such issues.

When a Judgement becomes Operative?

By K Rajasekharan 2 September 2021Constitutional law

The decision which is pronounced or intimated must be a declaration of the mind of the court as it is at the time of pronouncement. The mode or manner of delivery is unimportant but it must be done in a judicial way in open court. It must be an expression of the mind of the court at the time of delivery. That is the first judicial act touching the judgment which the court performs after the hearing.