Tag: fundamental rights

Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility
26Feb By The Legal ChamberNo Comments
Supreme Court

Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility

In this judgment, the Supreme Court affirmed that the constitutional guarantee of equality under Articles 14 and 21, read with the Rights of Persons with Disabilities Act, 2016, mandates substantive inclusion, not mere formal equality. The Court directed the UPSC to implement accessible examination processes, including screen reader software and flexible scribe registration, ensuring that rights for persons with disabilities are enforceable realities. Facts Of The Case: The writ petition was instituted by Mission Accessibility, an organization dedicated to advancing the rights of persons with disabilities, seeking enforcement of their rights under the Constitution of India and the Rights of Persons with Disabilities Act, 2016. The primary grievances pertained to the Civil Services Examin...
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Supreme Court Takes Charge: Major Order to Save Rajasthan’s Polluted Rivers
10Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Takes Charge: Major Order to Save Rajasthan’s Polluted Rivers

The Supreme Court affirmed that the right to life under Article 21 encompasses a pollution-free environment. Criticizing prolonged state inaction, the Court modified an interim stay on NGT orders to allow enforcement of remedial measures. It constituted a High-Level Oversight Committee to ensure time-bound implementation, underscoring the constitutional duty to protect public health and ecology. Facts Of The Case: The case originated from severe and long-standing industrial and sewage pollution in the Jojari, Bandi, and Luni river system in Rajasthan, endangering the health and livelihoods of nearly two million people. The Supreme Court took suo moto cognizance in September 2025 based on a documentary highlighting the crisis. This matter was clubbed with several pending civil appeals aga...
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Alternative Remedy Rule Strengthened: Supreme Court Says Writ Petition Not Maintainable If Appeal to High Court Was Available
2Feb By The Legal ChamberNo Comments
Supreme Court

Alternative Remedy Rule Strengthened: Supreme Court Says Writ Petition Not Maintainable If Appeal to High Court Was Available

This Supreme Court judgment reiterates the principle that the existence of an alternative statutory remedy, especially one before the High Court itself, is a valid ground for refusing to exercise writ jurisdiction under Article 226 of the Constitution. It emphasizes that discretionary writ relief is generally unavailable where a litigant has, through their own fault, failed to exhaust an equally efficacious alternative forum provided by statute. Facts Of The Case: The appellant, Rikhab Chand Jain, faced proceedings concerning 252.177 kg of allegedly smuggled silver seized on September 27, 1992. The Additional Collector of Customs, respondent no. 3, ordered the confiscation of the silver and imposed a penalty of Rs. 50,000 on the appellant via an order dated May 7, 1996. The appellant app...
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From Death Row to Freedom: The Supreme Court’s Historic Curative Verdict in the Nithari Case
2Feb By The Legal ChamberNo Comments
Supreme Court

From Death Row to Freedom: The Supreme Court’s Historic Curative Verdict in the Nithari Case

Supreme Court Says this curative petition was allowed due to irreconcilable outcomes on an identical evidentiary foundation, violating Articles 14 and 21 of the Constitution. The Court found the Section 164 CrPC confession involuntary and Section 27 recoveries inadmissible, structural infirmities fatal to the conviction. The earlier judgment was set aside to cure a gross miscarriage of justice. Facts Of The Case: The case involves petitioner Surendra Koli, who was employed as a domestic help in Noida's Nithari area. Between 2005 and 2006, multiple women and children were reported missing. On December 29, 2006, human remains were discovered in the open area behind the house where Koli worked, leading to his arrest. He was convicted and sentenced to death in 2009 for the murder...
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Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling
21Jan By The Legal ChamberNo Comments
Supreme Court

Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling

The Supreme Court held that the constitutional mandate under Article 22(1) requires the grounds of arrest to be furnished in writing to the arrestee in a language they understand, without exception, for all offences. Failure to do so renders the arrest and subsequent remand illegal, subject to a limited exception for certain in-the-moment offences where written grounds must be supplied at least two hours before the remand hearing. Facts Of The Case: On July 7, 2024, a white BMW, allegedly driven at high speed by Mihir Rajesh Shah, collided violently with a scooter from behind in Worli, Mumbai. The impact threw the scooter's male rider to the side and trapped his wife under the front left wheel and bumper of the car. Despite this, the driver allegedly continued driving, draggi...
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Supreme Court Shields Lawyers: Police Can’t Summon Advocates as Witness
17Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shields Lawyers: Police Can’t Summon Advocates as Witness

The Supreme Court ruled that investigating agencies cannot directly summon an Advocate to disclose privileged communications with a client under Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023. Such a summons violates the attorney-client privilege and the accused's fundamental rights. Any exception must be explicitly justified, approved by a senior officer, and is subject to judicial review under Section 528 of the BNSS. Facts Of The Case: An FIR was registered at the Odhav Police Station in Ahmedabad, Gujarat, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and other statutes concerning a loan agreement dispute. Following the arrest of an accused, an Advocate filed a successful bail application before the Sessions Court. Subsequently, the Assistant C...
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From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community
4Jan By The Legal ChamberNo Comments
Supreme Court

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...
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Supreme Court Protects Religious Freedom: Quashes Multiple UP Conversion FIRs
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Religious Freedom: Quashes Multiple UP Conversion FIRs

This Supreme Court judgment quashed multiple FIRs under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, holding that the unamended Section 4 restricted lodging of complaints only to aggrieved persons or their relatives. The Court found the subsequent FIRs were impermissible as they pertained to the same incident, violated the principle against multiplicity of proceedings, and were an abuse of process. Facts Of The Case: The case involves a batch of petitions and appeals concerning six FIRs registered under the Indian Penal Code and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The primary FIR (No. 224/2022) was lodged on 15.04.2022 at the instance of Himanshu Dixit, a Vice President of the Vishwa Hindu Parishad, alleging mass reli...
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Supreme Court Forms Supervisory Committee to Monitor CBI Investigation in Stampede Case
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Forms Supervisory Committee to Monitor CBI Investigation in Stampede Case

In the Special Leave Petitions concerning the Karur stampede, the Supreme Court exercised its extraordinary constitutional powers under Article 32. It ordered the transfer of investigation to the CBI, citing the necessity to ensure credibility, impartiality, and public confidence in the probe, which involves serious allegations and impacts fundamental rights. Facts Of The Case: This case stems from a tragic stampede on September 27, 2025, during a political rally organized by the Tamilaga Vettri Kazhagam (TVK) in Karur, Tamil Nadu, resulting in 41 deaths and over 100 injuries. Multiple writ petitions were subsequently filed before the Madras High Court, primarily at its Madurai Bench, seeking a CBI investigation, compensation for victims, and the formulation of safety guidelines ...
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