Case study of violation of fundamental rights in india
Report analyses the Supreme Court decisions on the fundamental rights, which have extended or modified legal doctrine, applied to new law to new circumstances or have otherwise had a significant impact on the public policy or the public affairs. Case brought by NGO Independent Thought is what finally prompted the Court to strike down as unconstitutional child marital rape, which was hitherto validated under the Exception 2 to Section of the Indian Penal Code. While Shayara Bano case, majority of judges invalidated the practice of Triple Talaq. The 3 judges who were in agreement on striking down the Triple Talaq, the reports states that each judge found their own independent explanation to support this conclusion, rather than a uniform interpretation of the law. Aadhaar case has now been reserved for judgement. Another case which is tied to judgment in impending Aadhaar judgment is the case of Binoy Viswam v Union of India, which allowed the mandatory linking of PAN card with Aadhaar, albeit with prospective effect.
Case Summary: Maneka Gandhi v Union of India (1978)
Directive Principles of State Policy (DPSP) - Explained
In this case caste based reservations were stuck down by the court, as against Article 16 2 of the Constitution. With regard to admission of students to the Engineering and Medical Colleges of the State, the Province of Madras had issued an order which, fixed number of seats for particular communities. It noticed that while Cl. This right can not to be denied to the citizen only on grounds of religion, race, caste, language or any of them. If a citizen who seeks admission into any such educational institution has not the requisite academic qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction of his fundamental right under this Article. The Apex court held that law made by the Parliament shall not be such that infringes and takes away the fundamental rights of the citizen which are provided by the Constitution of India.
Directive Principles of State Policy (DPSP) – Explained
Corporate bodies are separate legal persons capable of owning properties, entering into contracts, and suing or being sued. Question also arises regarding the nature of corporate personality and the theories relating to the same. Generally, it may be seen certain rights are available to citizens only like in case of Article 15, article 16, Article 19 etc… of the Constitution of India.