Topic
Constitutional rights in India refer to fundamental protections guaranteed by the Constitution, including rights to liberty, equality, fair procedure, and minority education under Articles 14, 19, 21, 22, and 30.
The SC ruled that a night-time vehicle seizure without seven-day notice violates RBI Guidelines and Articles 14 & 21, directing the financier to close the loan, refund ₹4.5 lakhs at 6 % interest and pay ₹10 lakhs compensation.
The court ruled that the arrest memo's missing witness signature, vague grounds of arrest, and failure to inform the family of the specific grounds - as mandated by BNSS Sections 36, 47, and 48 - rendered the arrest illegal. Bail was granted in an NDPS case where the accused was also unrepresented during remand proceedings.
A two-year unjustified hold on a No-Objection Certificate was deemed malice in law, breaching Articles 14, 19(1)(g) and 21, and the petition was dismissed after the NOC was finally granted. This ruling warns administrative authorities that arbitrary delays can be struck down as unconstitutional, affecting all applicants seeking statutory clearances.
Bombay High Court ruled that universities must provide certified answer sheets in the student's preferred language (Marathi) and cannot restrict access to only two subjects. The judgment reinforces the right to information in education under Article 19, ensuring linguistic equity and academic transparency for law students, particularly senior citizens facing financial hardship.
Kerala High Court rules that pension arrears under the Indira Gandhi National Old Age Pension Scheme cannot be withheld due to administrative delays, directing the Kozhikode Corporation to disburse arrears from May 2024 within three months. The judgment reinforces that welfare entitlements are enforceable rights, not discretionary benefits.
Andhra Pradesh High Court rules that state authorities must consider representations for religious festival permissions without undue delay, balancing public order with constitutional rights under Articles 14, 21, and 25. The court directed police to grant permission with necessary safeguards, reinforcing the duty to avoid arbitrary denial of religious freedoms.
The Andhra Pradesh High Court directed state authorities to consider regularization of a watchman with 19 years of continuous service, reinforcing that long-term temporary employees cannot be denied constitutional rights under Articles 14 and 16. The ruling mandates compliance with Supreme Court precedents, ensuring fair treatment in public employment and setting a precedent for similar cases across government departments.
Karnataka High Court directs proportionate service weightage for teachers with partial academic years under KREIS Regulations, affirming earlier judgments on contractual service recognition.
Rajasthan High Court rules that selected medical officers must be relieved immediately for Senior Residency Course, holding that administrative exigencies cannot override constitutional rights under Article 21. The judgment mandates compliance with CCS rules, ensuring career progression for in-service doctors without jeopardizing public health services.
Andhra Pradesh High Court rules that displaced persons must be considered for employment under G.O.Ms.No.98, even if they missed the cut-off date, as rigid adherence violates Articles 14, 16, and 21. The judgment mandates administrative flexibility to uphold constitutional rights, setting a precedent for similar quota-based employment disputes.
Allahabad High Court rules that halala nikah performed under coercion or on a minor is not protected by personal laws and constitutes statutory rape and gang rape under POCSO Act and Bharatiya Nyaya Sanhita. The judgment underscores constitutional rights over religious practices when they violate child protection laws, setting a precedent for similar cases involving minors or coercive marital practices.
The Andhra Pradesh High Court ruled that freezing a bank account without prior notice or hearing violates principles of natural justice under Articles 14, 19(1)(g), and 21 of the Constitution. The court directed the defreezing of an account holding Rs. 8.26 lakh, emphasizing that businesses cannot be held liable for third-party UPI fraud without due process. This judgment sets a precedent for safeguarding commercial entities from arbitrary financial restrictions.
Bombay High Court rules that altering promotion rules after the selection process has commenced violates employees' legitimate expectation and constitutional rights under Articles 14 and 16. The court directed Pune Municipal Corporation to complete promotions under the original 2014 Rules, reinforcing procedural fairness in administrative actions affecting service law.
Karnataka High Court reinforces that externment notices must afford reasonable time for objections, aligning with Deepak v. State of Maharashtra. Failure to provide a one-week window violates Articles 14 and 21, rendering the notice arbitrary and liable to be quashed.
Bombay High Court rules that non-implementation of Government Resolution (GR) for restructuring crop loans of flood-affected farmers violates welfare benefits, risking NPA classification and CIBIL score damage. The Court mandates immediate compliance to protect farmers from irreversible financial harm.