Article 21 in Focus: Historical Roots and Judicial Evolution
Article 21 Article 21 reads as follows: “21. Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by…
Section 303 of CrPC and Article 21- Supreme Court’s decision in Mithu Case
The question which arose for consideration in the case was whether section 303 of the Indian Penal Code infringes the guarantee contained in Article 21 of the Constitution which provides…
Right to freedom to assemble peaceably and without arms and Criminal Law
Under Article 19(1)(a) of the Constitution, all citizens shall have the fundamental right to freedom of speech and expression and under Article 19(1)(b) of the Constitution they have the fundamental…
Trial in the Absence of the Counsel of the Accused is not Fair Procedure
The Supreme Court in the case Md Sukur Ali v. State of Assam (2011) analysed the law on the point. The court said, Even assuming that the counsel for the…
Supreme Court on Artistic Freedom in India- Maqbool Fida Hussain Case
From the dawn of civilization, India has been home to a variety of faiths and philosophies, all of which have co-existed harmoniously. The then Chief Justice S.R. Das in In…
Standards to be kept in Mind while Judging Obscenity Cases- SC in Maqbool Fida Hussain Case
The Court in Maqbool Fida Hussain v. State of Maharashtra discussed the standard to be kept in mind while judging Obscenity Cases. The Court said, In judging as to whether…
Justice Sanjay Kishan Kaul on Artistic Freedom and Obscenity
The article is an excerpt from the judgment of Justice Kishan Kaul in Maqbul Fida Hussain v. Rajkumar Pandey (2008) Pablo Picasso, a renowned artist said, “Art is never chaste.…
Justice Madan B. Lokur on Rights of Victims
The article is an excerpt from the judgment Mallikarjun Kodagali (Dead) vs The State of Karnataka Rights of Victims of Crime The rights of victims of crime is a subject…
Justice Krishna Iyer on Fair Procedure in Criminal Justice System
The article is an excerpt from the judgment of Madhav Hayawadanrao Hoskot v. State of Maharashtra Procedure established by law ‘Procedure established by law’ are words of deep meaning for…
Case where Supreme Court struck down Section 118 of Indian Succession Act terming it discriminatory against Christians
Christians were aggrieved by the discriminatory treatment meted out to members of Christian community under the Indian Succession Act, 1925 by which they were practically prevented from bequeathing property for…