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When the Rule of the Bulldozer Outpaces the Rule of Law: One year after this landmark judgment
In November 2024, the Supreme Court reaffirmed that no home can be destroyed without notice, hearing, and legal process. Yet across various states, the past year has shown how that standard is often treated as optional
CJP Team -
Material resources may include private property but with caveats says says SC in 8:1 majority ruling; Justice Sudhanshu Dhulia Dissents
The majority recent decision in Property Owners Association v. State of Maharashtra could limit state power especially in the realms of taking over property of the individual
Supreme Court delivers a 4:3 Verdict on parameters to determine the minority status of institutions
A seven-judge bench of the Supreme Court recently pronounced a verdict in in case of AMU vs Naresh Agarwal, in a 4:3 majority—overruling the court’s previous judgement in Azeez Baasha vs. Union of India.[1] The Supreme Court, in 1967, had held in Azeez Basha that Aligarh Muslim University did not quality to be minority institution as it was neither established nor administered by the Muslim community.[2]
Supreme Court reinforces due process in demolition cases, lays down stringent guidelines to prevent arbitrary demolitions
Bench of Justices BR Gavai and KV Viswanathan establishes clear guidelines to ensure due process in demolition actions, mandates accountability for public officials, and safeguards citizens' fundamental rights, including the right to shelter
Art v/s Obscenity: Bombay High Court overturns seizure of Padamsee & Souza artworks
A recent Bombay high court judgment protects artistic freedom and ensures that bureaucratic overreach based on personal preferences does not stifle creative expression
Section 6A of the Citizenship Act, 1955 is constitutional, says Supreme Court in a 4:1 Judgement; Justice J.B. Pardiwala dissents
On October 17, 2024, a five-judge Constitution Bench of...
Bulldozer Justice: you can’t just roll in with bulldozers and demolish homes overnight: SC
CJP Team -
The Supreme Court orders Rs 25 Lakh interim compensation for illegal bulldozer demolition, criticizes UP Govt’s high-handed actions in demolition of homes for a road project in year 2019
Supreme Court eases bail conditions for Kerala Journalist Siddique Kappan
Kappan no longer required to report to police station weekly; Supreme Court grants relief in stringent bail conditions imposed on Kappan in Hathras conspiracy case after two years
MP: High Court temporarily stops temple construction in police stations, questions legality on government land
Court issues notices to top state officials, emphasising the importance of secularism in public institutions and adherence to Supreme Court guidelines prohibiting the construction of religious structures in public spaces
Under trial Prisoners: MHA directs States/UTs to implement section 479 of BNSS
CJP Team -
Ministry of Home Affairs (MHA) has directed the States and UTs to implement section 479 of the BNSS, this section enables the Court to release under trial prisoners who have undergone detention for one-half of the maximum period of imprisonment but not include under trials held for offences in which the punishment has been specified of death or life imprisonment
Bombay HC: Rapping customs department for dubbing F N Souza and Akbar Padamsee’s nudes ‘obscene’, orders release of artworks
The Bombay High Court directed customs to release seized artworks of F N Souza and Akbar Padamsee, every nude painting can’t be styled obscene. In 2022, three nude artworks of Padamsee and four of Souza were purchased by auction houses Roseberys in London, and Lyon & Turnbull in Scotland
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When the Rule of the Bulldozer Outpaces the Rule of Law: One year after this landmark judgment
In November 2024, the Supreme Court reaffirmed that no home can be destroyed without notice, hearing, and legal process. Yet across various states, the past year has shown how that standard is often treated as optional
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