Constitutional Law

  • Human Liberty and Section 482 CrPC

    “67. Human liberty is a precious constitutional value, which is undoubtedly subject to regulation by validly enacted legislation. As such, the citizen is subject to the edicts of criminal law and procedure. Section 482 recognises the inherent power of the High Court to make such orders as are necessary to give effect to the provisions…

  • Supreme Court on Eradication of Manual Scavenging – 14 Directions issued by SC

    The Supreme Court issued comprehensive directions to eliminate manual sewer cleaning, enforce accountability, and improve compensation and rehabilitation for victims. This includes phased eradication, enforcing Union guidelines, and increasing death compensation to 30 lakhs with a minimum of 10 lakhs for disability. Coordination and training across agencies and upgrading survey methods are also mandated to…

  • Requirements to be Followed in Cases of Arrest and Detention – Supreme Court in D.K. Basu Case

    The Apex Court in D.K. Basu v. State of West Bengal, AIR 1997 SC 610, while emphasizing on personal liberty in a civilized society on the backdrop of constitutional philosophy especially enshrined under Articles 21 and 22(1) of the Constitution of India, has expressed thus: ―22. … The rights inherent in Articles 21 and 22(1) of the…

  • Judicial Discipline, Need for Predictability & Certainty

    We may remind the High Court of the observations made by this Court in Official Liquidator v. Dayanand and Others reported in (2008) 10 SCC 1. In this decision, this Court has emphasised the adherence to basics of judicial discipline and the need for predictability and a certainty in law. In that context, certain earlier…

error: