Recent Case Laws 1

1. A decision which curtails fundamental rights without appropriate justification will be classified as disproportionate. The concept of proportionality requires a restriction to be tailored in accordance with the territorial extent of the restriction, the stage of emergency, the nature of urgency, duration of such restrictive measure and nature of such restriction. In which case Supreme Court held so :-

2. In which case Supreme Court held that right to equality under Article 14 is not negative equality. If some persons are given benefit wrongly, the same cannot form basis for claiming similar relief. It cannot be relied upon to perpetuate illegality or irregularity.

3. In which of the following case Supreme Court held that Article 16(4) and 16(4A) do not confer fundamental rights to claims reservations in promotion. They are in the nature of enabling provisions vesting a discretion on the State Government to consider providing reservations if circumstances so warrant. State Governments cannot be directed to provide reservations for appointment in public posts.

4. The ceiling limit of 50%, the concept of creamy layer and the compelling reasons namely, backwardness, inadequacy of representation and overall administrative efficiency are all constitutional requirements without which the structure of equality of opportunity in Article 16 would collapse. This observation was made in which case?

5. Collection of quantifiable data on the inadequacy of representation of SCs and STs in promotional posts in the State is mandatory pre-condition for grant of reservation in promotion with consequential seniority under Article 16(4A). Supreme Court observed this in which of the following case?

6. Freedoms as recognized by the Constitution are inseparable from existence as human beings. People have entrusted power to State under the Constitution which it holds it in trust and as such it is accountable to people in exercise of power. Supreme Court observed this in which of the following case?

7. Indefinite suspension of internet is not permissible and that repeated orders under Section 144 CrPC will amount to abuse of power. Government should publish all orders of restrictions, and should follow the principles of proportionality to adopt less restrictive measures. Supreme Court observed this in which of the following case?

8. Holding meeting by blocking public place or road in protest against particular legislation for indefinite period without permission from authorities is not democratic way of expressing protest. Administration must take necessary action to clear encroachment or obstruction created by protesters. Supreme Court observed this in which of the following case?

9. The concept of security of State is narrower than public order. A line is required to be drawn between those serious and aggravated form of public disorder which are calculated to endanger security of State and relatively minor breaches of peace of purely local significance. Supreme Court observed this in which of the following case?

10. In which of the following case Supreme Court held that there cannot be a total prohibition of dance bars in Maharashtra ?