Constitution of India · Part III: Fundamental Rights · Right to Constitutional Remedies
Article 32: Remedies for enforcement of rights conferred by this Part
In plain words
The right to approach the Supreme Court to enforce the Fundamental Rights is itself guaranteed. The Supreme Court can issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, to enforce them.
- Parliament can by law give these powers to other courts within their areas.
- This right cannot be suspended except as the Constitution provides.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 32 gives every person the right to move the Supreme Court directly to enforce fundamental rights. It is itself a fundamental right, which is what makes the rights in Part III real rather than declarations on paper. Dr. Ambedkar called it the heart and soul of the Constitution.
The five writs
- Habeas corpus: produce the body, to test the legality of detention.
- Mandamus: an order to a public authority to perform a public duty.
- Prohibition: stops a lower court or tribunal from exceeding its jurisdiction.
- Certiorari: quashes an order of a lower court or tribunal made without jurisdiction or with an error apparent on the record.
- Quo warranto: asks by what authority a person holds a public office.
Only for fundamental rights
Article 32 can be used only to enforce rights in Part III. For other legal rights, the remedy is the High Court under Article 226 or ordinary suits. This is the main difference between Articles 32 and 226.
A guaranteed right, but used with restraint
Because Article 32 is itself a guaranteed right, the Court cannot refuse relief merely because another remedy exists. In practice, however, the Court often asks petitioners to approach the High Court first, given the volume of cases, while intervening directly in glaring cases such as unlawful deprivation of liberty. Inordinate unexplained delay can also be a ground to decline relief.
Part of the basic structure
The power of judicial review vested in the Supreme Court under Article 32 and the High Courts under Articles 226 and 227 is part of the basic structure. It cannot be taken away even by a constitutional amendment.
Public interest litigation
The Court relaxed the rule of standing so that a public spirited person can approach it on behalf of those who cannot, and even letters have been treated as petitions. This is the foundation of public interest litigation in India.
Key Supreme Court rulings
L. Chandra Kumar v. Union of India 1997 INSC 288
The power of judicial review of the Supreme Court and the High Courts is an integral and essential feature of the Constitution, part of its basic structure; tribunals may play a supplemental role but cannot exclude the writ jurisdiction.
Vinod Dua v. Union of India 2021 INSC 304
Recalled that "Article 32 which is itself a fundamental right cannot be rendered nugatory in a glaring case of deprivation of liberty", even though the Court ordinarily directs petitioners to the High Court first.
Mrinmoy Maity v. Chhanda Koley 2024 INSC 314
Though Article 32 is itself a guaranteed right, relief may be refused to a petitioner who approaches the Court after inordinate and unexplained delay.
Common mistakes
- Using Article 32 for a non-fundamental legal right.
- Saying the Court can never refuse an Article 32 petition. Delay and the practice of relegating to the High Court are real limits.
- Forgetting that Article 32 can be suspended only as the Constitution provides, during an Emergency under Article 359.
Read with: Article 226 Constitution, Article 359 Constitution, Article 142 Constitution
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 32
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Dr. Sohail Malik v. Union of India & Anr.
Issue arose whether the Internal Complaints Committee-ICC constituted in one department of the Central Government has the jurisdiction to entertain a complaint of sexual harassment under the POSH Act against an employee…
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Its Chief General Manager v. Kashmiri Lal Batra & Ors.
Issue arose whether a stage carriage permit can be granted to a private operator on an inter-State route in terms of an IS-RT Agreement-Inter-State Reciprocal Transport Agreement executed by and between two neighbouring…
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Legislative Council U.P. Lucknow & Ors. v. Sushil Kumar & Ors.
(1) Whether the Division Bench of the High Court while entertaining Special Appeal Defective No.485/2023 against the order of Single Judge along with Writ-A No.140/2022 was justified to direct the office to register a…
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S. Rajaseekaran v. Union of India and Ors.
Matter pertains to issuance of directions relating to road safety, safety of pedestrians while walking on footpaths, wearing of helmets, wrong lane driving and unsafe overtaking, use of dazzling LED white lights to help…
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Delhi Development Authority v. Corporation Bank & Ors.
Whether in the facts and circumstances of the case, the auction was per se illegal being conducted in violation of the terms and conditions of the lease deed and the provisions of the Income Tax Act, 1961 and Income Tax…
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M/s U.P. Asbestos Limited v. State of Rajasthan & Others
Issue arose as regards the validity of the Notification No. S.O.377, dated 09.03.2007, issued by the Government of Rajasthan in exercise of its powers conferred by s.8(3) of the Rajasthan Value Added Tax Act, 2003…
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Satheesh V.K. v. The Federal Bank Ltd.
Issue arose as regards the maintainability of the second SLP challenging the same order where the first SLP was withdrawn without leave to re-approach.
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Amanjot Singh Chadha v. Union of India & Ors.
Whether this Court should, in exercise of its jurisdiction u/Art.32 of the Constitution of India, secure the effective implementation of s.6 of the Anand Marriage Act, 1909 by directing time-bound rule-making and, until…
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Vasanta Sampat Dupare v. Union of India & Ors.
Writ petition filed u/Art.32 challenging the continuing validity of the sentence of death against the petitioner, having been affirmed on appeal, declined in review, and followed by the rejection of mercy petitions and…
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State Bank of India & Others v. Ramadhar Sao
The respondent was removed from services. The order of punishment was set aside by the Single Bench of the High Court and the respondent was directed to be reinstated with back wages. By the impugned judgment…
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Ajmera Shyam v. Smt. Kova Laxmi & Ors.
Issue arose whether the non-mentioning of the income shown in the income tax return for four financial years in the Form 26 Affidavit and its portrayal as “Nil” by the respondent no.1-returned candidate would amount to…
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Arshnoor Kaur & Anr. v. The Union of India & Ors.
(i) Whether after allowing induction of women in a particular corp or branch under section 12 of the Army Act, 1950, can the Respondents by way of a policy and/or administrative instruction restrict the number of women…
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XXX v. The Union of India & Others
Issue arose as to whether the writ petition be entertained at all having regard to the conduct of the petitioner-High Court Judge; does the In-house Procedure have legal sanction; is an inquiry and the consequent report…
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BSES Rajdhani Power Ltd. & Anr. v. Union of India and Ors.
Legal position and status of a regulatory asset; its position in the regulatory regime for determination of tariff; the rights and liabilities of stakeholders; consequences of regulatory failure to manage the regulatory…
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Odisha State Financial Corporation v. Vigyan Chemical Industries and Others
The High Court dismissed the writ petition filed by the appellant u/Art.227 of the Constitution of India, challenging the civil proceedings and the orders passed by the Courts below regarding the computation of interest…
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Khem Singh (D) Through Lrs v. State of Uttaranchal (Now State of Uttarakhand) & Another Etc.
During pendency of these appeals, son of original appellant (since deceased) filed an application seeking setting aside of the abatement and for substitution. Whether the applicant is entitled to be substituted in place…
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S.N. Vijaylakshmi & Ors. v. State of Karnataka & Anr.
Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the appellants and whether the same should proceed; whether on the same cause of action, based…
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Shri Shri Swami Samarth Construction & Finance Solution & Anr v. The Board of Directors of Nkgsb Co-Op. Bank Ltd. & Ors.
Lending banks/secured creditors, if under an obligation, in terms of the notification dated 29.05.2015 containing the “Framework For Revival And Rehabilitation Of Micro, Small And Medium Enterprises” (Framework), to…
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Sukdeb Saha v. The State of Andhra Pradesh & Ors.
Issue of growing crisis of student suicides in educational institutions; need for a preventive, remedial, and supportive framework for mental health protection and prevention of suicides by students; whether in the…
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K. Purushottam Reddy v. Union of India and Ors.
(a) Whether the exclusion of the States of Andhra Pradesh and Telangana (or any other State), from the scope of delimitation under the Impugned Notifications and limiting it only to the Union Territory of Jammu and…
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Vishu Vardhan @ Vishnu Pradhan v. The State of Uttar Pradesh & Ors.
Issue arose whether the impugned order having merged with this Court’s order in Reddy Veerana’s case, as claimed by R, renders the present appeal which lays a collateral challenge to an order of this Court itself not…
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Khursheed Ahmad Chohan v. Union of Territory of Jammu and Kashmir and Ors. Etc.
Issue arose as to whether the facts and circumstances disclosed in the complaint, supported by compelling medical evidence of grievous injuries, including complete genital mutilation, mandatorily required registration…
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Harinagar Sugar Mills Ltd. (Biscuit Division) & Anr. v. State of Maharashtra & Ors.
(i) Whether letter dated 25.09.2019 sent by the Deputy Secretary of State Government can be construed to be an order - Connectedly, whether the appellants would be entitled to the relief of deemed closure, as on…
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State of Kerala & Another v. Asianet Satellite Communications Ltd. & Others
The questions for consideration were: 1) Whether appellants-assessees, engaged in broadcasting of signals etc. through television channels to subscribers of those channels, were liable to pay entertainment tax under…
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Dileep Kumar Pandey v. Union of India & Ors.
Whether the Air Force School, Bamrauli, in District Allahabad, is a ‘state or authority’ within the meaning of Art.12 of the Constitution of India; whether it would be amenable to writ jurisdiction u/Art.226 of the…
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Ravinder Singh Sidhu v. The State of Punjab & Ors.
Whether multiple FIRs registered across different States can be clubbed and consolidated in one jurisdiction, or at least within one district per State, under the Court’s power u/Arts.32 and 142 of the Constitution.
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IN RE: CONSTRUCTION OF MULTI STOREYED BUILDINGS IN FOREST LAND MAHARASHTRA versus
Issue arose whether the subject land is a Forest Land; whether the Divisional Commissioner was justified in recommending the allotment of subject land in favour of C family and as to whether the State Government was…
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Ishwar Chanda Sharma v. Devendra Kumar Sharma & Ors.
The issues raised in the present case relates to: (i) the eligibility of a receiver for Sri Giriraj Temple, Govardhan, Mathura; (ii) temples facing severe administrative issues of crowd management.
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National Spot Exchange Limited v. Union of India & Ors.
Whether the Secured creditors would have priority of interest over the assets attached under the Provisions of Prevention of Money Laundering Act, 2002, (PMLA) and Maharashtra Protection of Investors and Depositors Act,…
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Jitender @ Kalla v. State (Govt. of NCT of Delhi) and Anr.
(a) Whether the 100-point assessment laid down in Indira Jaising v. Supreme Court of India (2017) 9 SCC 766 and modified in Indira Indira Jaising v. Supreme Court of India (2023) 8 SCC 1 for the designation of Senior…
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A. Raja v. D. Kumar
Whether the Appellant belongs to the Hindu Parayan caste in the State of Kerala and is covered by the 1950 Order insofar as it relates to the State of Kerala; whether the Appellant had still retained the Hindu Parayan…
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Rutu Mihir Panchal & Ors. v. Union of India & Ors.
Constitutionality of ss.34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019 prescribing pecuniary jurisdictions of the district, state and national commissions on the basis of value of goods and…
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Okhla Enclave Plot Holders Wel. Ason v. Union of India Through Secretary & Ors.
Redressal of grievances of the allottees/plot holders.
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Ramachandraiah & Anr. v. M. Manjula & Ors.
Whether in the facts and circumstances of the case, the High Court was justified in directing for investigation by the CBI.
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Satish Chander Sharma & Ors. v. State of Himachal Pradesh & Ors.
Issue arose as to whether the decision in State of H.P. v. Rajesh Chander Sood, upholding the cut-off date of 02.12.2004, is per incuriam; whether the aforesaid decision is binding on the petitioners; whether a writ…
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Janshruti (People’s Voice) v. Union of India & Ors.
Directions sought for the formulation of gender-neutral guidelines and legislation governing the filing of domestic violence and harassment complaints. Also, sought declaration regarding the constitutionality of s.498A…
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Pinki v. State of Uttar Pradesh and Anr.
Whether the High Court erred in passing various orders granting bail to accused persons in matters involving offences of serious nature of child trafficking.
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
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Inder Singh v. The State of Madhya Pradesh
Whether the High Court was justified in condoning the delay in filing the Second Appeal.
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Siddharth Dalmia & Anr. v. Union of India & Ors.
In the instant Writ petition, purportedly filed in Public Interest, the Petitioner sought a direction to the private hospitals not to compel the patients to buy the medicines, etc. from the pharmacies recommended by…
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IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES versus
Whether visually impaired candidates can be said to be ‘not suitable’ for judicial service; Whether the amendment made in Rule 6A of Madhya Pradesh Judicial Services (Recruitment and Conditions of Service) Rules, 1994…
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Union of India Thr. I.O. Narcotics Control Bureau v. Man Singh Verma
Issue arose whether the contours of s.439 CrPC permit the grant of compensation by the High Court to the appellant for alleged wrongful confinement for four months in a matter of possession of narcotic substances.
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Sarita Choudhary v. High Court of Madhya Pradesh & Another
Matter pertains to the correctness of order passed by the High Court terminating two women Judicial Officers from service during probation period; and whether the cessation of services of two Judicial Officers is…
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Radhika Agarwal v. Union of India and Others
Challenge to the constitutional validity and the right of the authorized officers to arrest under the Customs Act, 1962 and the Central Goods and Services Tax Act, 2017 (GST Act).
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Dr. Sunil Kumar Singh v. Bihar Legislative Council (Through Secretary) and Ors.
(1) Whether the instant writ petition is maintainable in view of Article 212 (1) of the Constitution of India and whether the proceedings of the ethics committee are amenable to judicial review? (2) Whether this court…
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Lifecare Innovations Pvt. Ltd. & Anr. v. Union of India & Ors.
Issue arose whether the Micro, Small and Medium Enterprises Development Act, 2006, coupled with the Public Procurement Policy for Micro and Small Enterprises Order 2012 mandate procurement of 25 percent of goods and…
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Jitender @ Kalla v. State (Govt of NCT of Delhi) & Ors.
I. Whether the Supreme Court decisions in Indira Jaising v. Supreme Court of India (I) and (II), which lay down the guidelines for the designation of senior advocates, require reconsideration. II. Whether an advocate on…
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Gulshan Kumar v. Institute of Banking Personnel Selection & Ors.
Matter pertains to extending the benefits for Persons with Benchmark Disabilities-PwBD candidates to all persons with disabilities-PwD candidates in writing their examinations.
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Mr. R. Rajebdran v. The District Collector, Vellore District & Others
Matter pertains to pollution caused by tanneries by discharging untreated or partially treated effluents into the River Palar and surrounding areas; and as regards the correctness of the order passed by the High Court…
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Mahabir & Ors. v. State of Haryana
Whether the High Court committed any error in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction u/s.401 r/w. s.397 of the CrPC; Whether Proviso to s.372 of CrPC creates a…
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M.S. Sanjay v. Indian Bank & Ors.
An auction was conducted on 31.07.2007 and sale certificate was issued on 30.11.2007. The respondent no.4-guarantor questioned the validity of auction proceedings. In 2019, the High Court declared the auction to be…
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S Shobha v. Muthoot Finance Ltd.
Whether the respondent-Muthoot Finance Ltd. is a “State” within the meaning of Article 12 of the Constitution and therefore amenable to writ jurisdiction of the High Court under Article 226 of the Constitution.
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Rajeeb Kalita v. Union of India & Ors.
Writ petition filed seeking issuance of Writ directing the States and Union Territories to ensure basic toilet facilities in Courts/ Tribunals in the country for all including, persons with disabilities and transgender…
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Om Prakash @ Israel @ Raju @ Raju Das v. Union of India and Another
Issue arose as regards plea of juvenility raised u/s.9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
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Holder v. Maharashtra Industrial Development Corporation and
The Lands of appellants herein were acquired and they were deprived of their property without paying any compensation for twenty-two years. For payment of compensation, the appellants pleaded to shift the date for…
- Laxmi Prasad v. Central Public Works Department & Anr
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P. Manikandan v. Central Bureau of Investigation and Ors.
Whether the High Court was justified in directing re-investigation and retrial of the same offence on the same set of facts, after acquitting the accused by giving him the benefit of doubt; Whether, in the attending…
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Rinku Baheti v. Sandesh Sharda
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the…
- Rahul Mavai v. Union of India & Ors
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Urban Improvement Trust v. Smt. Vidhya Devi and Ors.
The present appeals arise from a common judgment passed by the High Court dated 29.10.2009, whereby the High Court allowed the writ appeals and thereby quashed the land acquisition proceedings initiated by the appellant…
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State of Maharashtra & Ors. v. Pradeep Yashwant Kokade & Anr.
Effect of delay in executing the death sentence.
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Ajay Kumar Jain v. The State of Uttar Pradesh & Anr.
Whether miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events.
- Parvez Ahmed v. Directorate of Enforcement
- Abdul Muqeet v. Directorate of Enforcement
- Mohd Ilyas v. Directorate of Enforcement
- Union of India v. Commissioner of North Delhi Municipal Corporation
- Union of India v. Commissioner of South Delhi Municpal Corporation
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IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES versus
Whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime. In other words, whether properties of persons, who…
- Jawed Imam Siddiqui v. Directorate of Enforcement
- Vijay Kumar Shukla v. State NCT of Delhi & Anr
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Aligarh Muslim University v. Naresh Agarwal & Ors.
The issues were: 1) ingredients, indicia or criteria for an educational institution to be considered a minority educational institution under Article 30 of the Constitution; 2) whether Aligarh Muslim University (AMU) is…
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Ramji Lal Bairwa & Anr. v. State of Rajasthan & Ors.
Issue arose as regards whether a third party to a criminal proceeding got locus standi to challenge the order quashing the FIR lodged against the teacher by the father of the minor victim under the Penal Code, POCSO Act…
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Kirloskar Ferrous Industries Limited & Anr v. Union of India & Ors.
Whether, the Explanation(s) appended to Rule 38 of the Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016 and Rule 45 of the Mineral Conservation and Development Rules, 2017 respectively…
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In Re: Manoj Tibrewal Akash v. Abc
Supreme Court laid down guidelines that State authorities must adhere to while removing illegal encroachments in relation to road widening projects.
- Rama Krishna Public School v. Directorate of Education & Anr
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M/S Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi & Ors.
(i) Whether a driver holding a Light Motor Vehicle (LMV) license (for vehicles with a gross vehicle weight of less than 7,500 kgs) as per Section 10(2)(d), which specifies ‘Light Motor Vehicle’, can operate a ‘Transport…
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Mukul Kumar Tyagi v. The State of Uttar Pradesh and Others
Issue arose as to whether the services of such of the candidates who were selected in the select list and had produced the Course on computer concepts-CCC certificate at the time of the interview could have been…
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Justice Shailendra Singh & Ors. v. Union of India & Ors.
(1) Whether Judges of the High Court appointed from the District Judiciary can be denied subscription to the General Provident Fund (GPF) on the basis of their previous service under the New Pension Scheme (NPS); and…
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involved and in I.R. Coelho v. State of T.N. [(1999) 7
(1) Whether Article 31C (as upheld in Kesavananda Bharati case) survives in the Constitution after amendment to the provision by the forty-second amendment was struck down by the Supreme Court in Minerva Mills case; and…
- Vaibhav Jain v. Directorate of Enforcement
- Pankaj Kumar Tiwari v. Enforcement Directorate
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Sonal Gupta & Ors. v. Registrar General, Rajasthan High Court Jodhpur & Anr.
Whether there is any arbitrary variation in marks obtained by candidates in the language examination for the Rajasthan Civil Judge Cadre 2024 which may affect the integrity of the overall results of the examination.
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State of U.P. & Ors v. M/S Lalta Prasad Vaish and Sons
The issues which arise for adjudication in this reference pertain to the scope of the power of the State Legislatures under Entry 8 and the meaning of the phrase “intoxicating liquor”. The question is whether…
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Suhas Chakma v. Union of India & Ors.
Access to free and timely legal aid for prison inmates.
- Ms Cp Rama Rao Sole Proprietor v. National Highways Authority of India
- Akash Tanwar v. State of Delhi & Ors
- Akash Tanwar v. Gnct of Delhi Thorugh Sho Ps. Fatehpur Beri & Ors. & Ors
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Union of India v. Pranav Srinivasan
The issue involved in the instant cases concerns the grant of Indian citizenship to the respondent.
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Society for Enlightenment and Voluntary Action & Anr. v. Union of India & Ors.
Petitioner, an NGO raised significant concerns as regards prevelance of child marriages and failure of authorities to prevent them despite the enactment of the Prohibition of Child Marriage Act, 2006. Sought issuance of…
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IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
- Rajesh Kumar Gupta v. Union of India and Ors
- Atul Kumar Gupta v. Union of India and Ors
- Aryans College of Education v. National Council for Teacher Education and Anr & Anr
- Hari Om Rustagi v. Chairman Punjab National Bank
- Parikshit Grewal & Ors v. Union of India & Anr
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V. Senthil Balaji v. The Deputy Director, Directorate of Enforcement
Matter pertains to grant of bail to former Tamil Nadu transport minister against whom complaint was filed for offence u/s.3 PMLA, which is punishable u/s.4 PMLA for his alleged involvement in the job racket scam.
- Geeta Devi v. Govt of NCT of Delhi & Ors
- Ajay Bisht v. Union of India & Ors
- Mohd. Shahzad v. New Delhi Municipal Council
- Indrani Baishya & Ors v. Chairman State Bank of India & Ors