Right to Equality - The Legal Chamber

This Supreme Court judgment holds that its extraordinary power under Article 32 of the Constitution can be invoked to reopen the sentencing stage in death penalty cases that have attained finality. This is permissible to remedy a clear breach of the procedural safeguards for individualized sentencing mandated in Manoj v. State of M.P., which are integral to the fundamental rights under Articles 14 and 21. The Court clarified that such judicial declarations operate retrospectively. Facts Of The Case: The case concerns the petitioner, Vasanta Sampat Dupare, who was convicted and sentenced to death for the 2008 kidnapping, sexual assault, and murder of a four-year-old girl in Nagpur. His conviction and death sentence were confirmed by the High Court in 2012 and ultimately upheld by the Supr...

The Supreme Court held that a government notification extending the retirement age must be interpreted purposively, and a condition requiring "10 years of teaching experience in any State-aided university" includes experience from universities outside the state. Excluding such experience was found to be an arbitrary and discriminatory classification violating the right to equality under Article 14. Facts Of The Case: The appellant was initially appointed as a teacher in a government college in Assam in 1991, where he served for 16 years. In 2007, he was selected for a non-teaching post at Burdwan University, West Bengal, based on his qualifications and experience, and was later promoted in 2012. In 2021, the State of West Bengal issued a notification increasing the retirement age from 60...

Tag: Right to Equality

A New Lease on Life: Supreme Court Allows Death Penalty Review Based on New Mitigation Guidelines

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts