Академический Документы
Профессиональный Документы
Культура Документы
Acquisition of Citizenship under the Act Citizenship Act 1955 ( Power given by Art 11)
1. By Birth
2. By Descent
3. By Registration
4. By naturalisation
5. By incorporation of territory
Termination of Citizenship
• By Renunciation
• By Termination / Acquisition
• By Deprivation
Company or Corporation is a Citizen ?
No, State Trading Corp v Commercial Tax Officer ( not a citizen so cannot claim
Fundamental Rights, It’s a juristic person)
Barium chemicals v Company law board (Art 14 Right to equality, Bank Nationalization
case)
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Fundamental Rights [ 12- 35 ] [ EFE RER]
Magna Carta – First written document for Fundamental Rights of citizen
France – Declaration of Rights of Man and Citizen
Americans were first to give Bill of Rights a constitutional status ( to fundamental rights)
A K Gopalan v State of Madras ( SC said that Right to Life, freedom of speech and expression
should be regarded as inviolable under all conditions)
Maneka Ganhi v Union of India ( dignity of individual, and to develop his personality to full
extend )
Law is Inconsistent with fundamental right shall be void [ Art 13 ] – Judicial Review- Basic Feature
Doctrine of Waiver
Basheer Nath v Income Tax Commissioner ( cannot wave his fundamental rights)
Behram v State of Bombay (accused person cannot give up his constitutional rights and get
convicted)
Law and Law in Force
Dwaraka Nath v State of Bihar (administrative order created by Executive is also law)
Right To Equality [ 14 to 18 ]
Like should be considered alike
Reasonable classification is permitted
• Intelligible differentia
• Rational nexes ( relation) to object
Mithu v State of Punjab ( 302 and 303 was struck down because classification basis on murder was
not rational)
Deepak Sibal v Punjab University ( LLB Evening , Privat and Govt/ Semi Govt, its violation)
Ajay Hasia V Khalid Mujib ( Exam Oral and Written 66% and 33% , Which was not valid and
unconstitutional)
Air India v Nargesh Meerza ( Pregnancy and retirement extended, its violation)
National Legal Service Authority NLSA v Union of India (Trans Gender as Third Gender )
Article 15- Prohibition of discrimination based on religion ,caste, place of birth, race and sex.
State of Rajasthan v Prathap Singh (bear cost of additional police station exempted all Harijan
and Muslims)
D P Joshi v State of WB ( capitation fees, non Madhya Bharat residence, not violation, not birth
place)
Balaji v State of Mysore ( more than 68% is not good, below 50% and its violates)
Indra Sawhney v Union India ( Mandal commission case, 50% backward can be classified o sub
class)
Periakaruppan v State of Tamil Nadu (Once backward will not be considered backward always
)
K S Jayasree v State of Kerala (consider poverty and caste , 10,000 annual income, both caste
and poverty)
AIIMS Student union v AIIMS ( reservation should be less for higher jobs)
Power o create law to regulate admission by state
Ashok Kumar Thakur v Unioin of india ( 27% is ok, and state can create rule or law , not
violation)
Article 16 – Equality of Opportunity in public Employment
Reservation of Residence
Narasimha Rao v State of AP ( violation and the , 1957 public Employment act
unconstitutional)
Indra Sawhney v Union India ( Mandal commission case, 50% backward can be classified o sub
class, creamy layer in backward class should be filtered out) 81st amendment
Kameshwar Sigh v State of Bihar ( Picket, Demonstration on street, not violation, if its not violent and
disorderly)
K A Abbas v Union of India ( censorship movie , not violation)
Maneka Gandhi v Union of India ( passport ,freedom of speech and expression)
Bijoe Emmanual v State of Kerala ( National Anthem case , standing, not singing, not violation)
Secretary Ministry of Information Broadcasting v CAB ( cricket Asso Bengal)- No monopoly electronic
media)
Union of India v Naveen Jindal ( Can use National Flag on his premise)
PUCL v Union of India ( strike down 33B of RP Act- Candidate should mention his Education, asset etc
for election contesting)
Freedom of Press – Article 19 [1] – not expressly mentioned, but its in this group
Brij Bhushan v State of Delhi -( Scrutiny of publication, Delhi commissioner, violation)
Virendra V State of Punjab ( Burning issue, view of newspaper, not violation)
R Rajagopal v State Tamil Nadu ( Auto Shankar, Convicted for murder, public record, not
violation)
State v Charita ( no right to interview an undertrial prisoner in jail, violation)
Ex Post Facto law – Criminal law , cannot retrospective/ Civil law applicable
Kedar Nath v State of West Bengal ( amendment ,Punishment enhanced, not
applicable for earlier crime)
T Baral v Henry An Hoe ( Liable for reduced punishment, imprisonment →Three
months)
Double Jeopardy – nemo debet bis vexari 20 [2] – man should not be put twice in peril for the
same offence
• Person must be accused of an offence
• Prosecution must have taken place in court or judicial tribunal
• Accused must have been prosecuted and punished in the previous
proceedings
Maqbool Hussain v State of Bombay ( customs act, FERA, hi claim FERA is violation, but court
said that confiscation under customs act was not punishment and prosecution, so claim will
not withstand )
Venkataraman v Union of India ( Enquiry did not amount to prosecution and punishment,
public service enquiry Act, IPC and prevention corruption act- bribery, not violation )
Self Incrimination 20[3]
MP Sharma v Satish Chandhra ( Finger print, hair etc is violation)
Kathi Kalu Ogad v State of Bombay ( not violation)
Parshadi v State of UP ( Murder evidence, Evidence Act sec 27)
Nandani Sthpathy v PL Pani ( CM Orissa, prosecuted under sec 179 IPC for refusing
answer, SC held that accused need not answer )
V S Kuttan Pilla v Ram Krishna ( document seizure , not violation)
Yusufali v State of Maharashtra ( not violation, tape recorder without his knowledge)
Selvi v State of Karnataka ( Narcho analysis, BEAP test, violation)
Article 32 -Right to Constitutional Remedies - ubi jus ibi remedium – Where there is a right there is a
remedy
High court – Article 226
• Certiorari
• Mandamus
• Quo warranto
• Habeas Corpus
• Prohibition
Res Judicata – if a matter in issue is heard and finally decided by a competent court a second suit on
the very same cause of action or matter in issue is barred.
M S Sharma v Sinha – cannot be filed in the same court for same cause of action
Daryao v State MP – 226 filed and dismissed ( on merit), will not be once again appeal in SC
under 32
AR Choudhari v Union of India ( if dismissed in HC not on merit then its maintainable in SC)
Lallubhai Jogibhai v Union of India ( 226 dismissed can apply move fresh 32 only for Habeas
Corpus)
Locus Standi – needed for public Interest litigation – no need for habeas Corpus
This not compulsory for Quo Waranto also
SQP Gupta and others v President of India and others (Judge transfer case)
public Interest litigation
People of Union of Democratic Rights v Union of India ( Asian games, worker, child below 14)
MC Mehta V State of Tamil Nadu ( Child labour, match factory)- social activist lawyer
Murali S Deora v Union of India (smoking)- congress leader
B Singh v Union of India ( Public Litigation, take care, not used for any personal benefit)
Habeas Corpus
Kanu sanyal v District Magistrate Darjeeling - Note necessary to produce body, court will issue
nisi ( preliminary order) show legal detention , if not justifiable then issue order
12-13 General
14-18 Right to Equality
19-22 Right to Freedom
23-24 Right to Exploitation
25-28 Right to Religion
29-31 Right to Education
31A-31D Saving Certain Law
32-35 Constitutional Remedies
36 -51 DPSP
51A FD