Important Case Laws on Constitution for CLAT PG | LLM | Judicial Services
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Freedom of Speech
1. Anuradha Bhasin Case (2020) Right to Internet Access
Section 144 of the CrPC, Indian Telegraph Act (1885), Information Technology Act, Article 21, Article 19(1) & Article 19(1)(g).
Held
- The SC made the Internet as an integral part of the freedom of expression guaranteed under 19(1) of the Constitution.
2. Union of India v. Association for Democratic Reforms (2002):
- One-sided information, disinformation, misinformation and non-information, all equally create an uninformed citizenry which makes democracy a farce.
- Freedom of speech and expression includes the right to impart and receive information which includes the freedom to hold opinions.
3. Ram Monohar Lohia Case 1960
SC said reasonable restrictions establish a relationship of proportionality between what the state wants to achieve and the extent to which it restricts speech. .
Note: Other cases related to Freedom of speech
- Romesh Thappar v. State of Madras 1950
- Shreya SInghal v. UOI 2015
- R. Rajagopal v. State of Tamil Nadu 1994
Right to Life and Personal Liberty
Euthanasia/Right to die with dignity/merch killing:
1. Common Cause v. Union of India 2018
The Supreme Court in Common Cause v. Union of India 2018 ruled that to passive euthanasia in a landmark verdict and permitted ‘living will’ by patients on withdrawing medical support if they slip in irreversible coma.
ISSUE
- Right to die vs. Right to live with diginity
Constitutional and Legislative provisions involved:
Article 21
Judgement delivered:
- Right to Die- The Supreme Court has upheld that the fundamental Right to life and dignity incudes right to refuse treatment and die with dignity.
- In P. Rathinam v. Union of India- Supreme Court observed Life is not mere living but living in meant and health is not the absence of illness but the glowing vitality’.
2. Aruna Shanbaug Case 2011
The Supreme Court of India held and set guidelines for euthanasia in the Indian legal system and made a distinction between ‘active and ‘passive’ euthanasia. It said that causing the death of a person who is in a permanent vegetative state, with no chance of recovery; by withdrawing artificial life support is not a “positive act of killing” and court be permitted on a case-by-case basis.
Freedom of Religion
1. Sabarimala temple case/Indian Young Lawyers Association v. State of Kerala 2018
Supreme Court allows Women Entry into Sabarimala Temple, which is termed as a violation of women’s right to practice religion.
3. Triple Talaq/ Shayara Bano Case 2017
Gender Equality v. Freedom of Religion
CLAT PG/LLM 2023: Important Judgements: OurLegalWorld: Click here
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