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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: supreme court of india Year: 2018 Page 1 of about 13 results (0.076 seconds)

Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-26-2018

..... provided for adult franchise to every adult citizens. election commission of india had taken steps to provide for an identity 4 card to each person to enable him ..... to exercise his franchise. the citizenship act, 1955 was amended by the act 6 of 2004 whereas section ..... , 2016.4. india is a country, which caters a sea of population. when the british left our country in 1947, total population of the country was only 330 million, which has rapidly increased into enormous figure of 1.3 billion as on date. the citizenship act, 1955 was enacted by the parliament for the acquisition and determination of indian citizenship. our constitutional framers have .....

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Sep 06 2018 (SC)

Navtej Singh Johar Vs. Union of India Ministry of Law and Justice Secr ...

Court : Supreme Court of India

Decided on : Sep-06-2018

..... sex.133 58 to deny the members of the lgbt community the full expression of the right to sexual orientation is to deprive them of their entitlement to full citizenship under the constitution. the denial of the right to sexual orientation is also a denial of the right to privacy. the application of section 377 causes a deprivation of the fundamental ..... the lack of safe spaces. this results in a denial of the self. identities are obliterated, denying the entitlement to equal participation and dignity under the constitution. section 377 deprives them of an equal citizenship. referring to the effect of foucault s panopticon in 113 writ petition (criminal) no.76 of 2016. 114 written submission on behalf of the voices against ..... that we can do by saying, as i propose to say in this case, that lesbians, gays, bisexuals and transgenders have a constitutional right to equal citizenship in all its manifestations. sexual orientation is recognised and protected by the constitution. section 377 of the penal code is unconstitutional in so far as it penalises a consensual relationship between adults of the same gender ..... years after the law was made, india gained her liberation from a colonial past. but macaulay s legacy - the offence under section 377 of the penal code - has continued to exist for nearly sixty eight years after we gave ourselves a liberal constitution. gays and lesbians, transgenders and bisexuals continue to be denied a truly equal citizenship seven decades after independence. the .....

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Sep 27 2018 (SC)

Joseph Shine Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-27-2018

..... to majoritarian governments to prescribe what shall be orthodox in matters concerning social morality. the fundamental rights chapter is like the north star in the universe of constitutionalism in india. constitutional morality always trumps any imposition of a particular view of social morality by shifting and different majoritarian regimes. (emphasis supplied) 55 section 497 seeks the preservation of a ..... the subordination of a disadvantaged group of individuals.107 the disadvantage must be addressed not by treating a woman as weak but by construing her entitlement to an equal citizenship. the former legitimizes patronising attitudes towards women. the latter links true equality to the realisation of dignity. the focus of such an approach is not simply on equal ..... the protection of the sanctity of marriage. in the context of a constitutional vision characterized by the struggle to break through the shackles of gender stereotypes and guarantee an equal citizenship, section 497 entrenches stereotypes and existing structures of discrimination and has no place in a constitutional order. f.1 the entrapping cage 47 section 497 exempts a woman ..... meaning. true to its transformative vision, the text of the constitution has, time and again, been interpreted to challenge hegemonic structures of power and secure the values of 73 part h dignity and equality for its citizens. one of the most significant of the battles for equal citizenship in the country has been fought by women. feminists have .....

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Feb 16 2018 (SC)

Lok Prahari, Through Its General Secretary s.n. Shukla Vs. Union of In ...

Court : Supreme Court of India

Decided on : Feb-16-2018

..... of the state, to disclose information regarding the above- mentioned factors, election commission in exercise of its power under article 324 of the constitution of india is required to call upon the candidates to furnish the necessary information. this court directed disclosure of various facts including information regarding the assets ..... election commission is directed to call for information on affidavit by issuing necessary order in exercise of its power under article 324 of the constitution of india from each candidate seeking election to parliament or a state legislature as a necessary part of his nomination paper, furnishing therein, information on ..... so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state; (e) if he is so ..... so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a is under any acknowledgement of allegiance or adherence to a foreign state; (e) if he is so disqualified by or ..... to vote, the right to contest and the limitations on such rights. such norms vary with reference to each of these offices or bodies. citizenship of the country is a default condition3 either for voting or contesting an election to any one of the abovementioned bodies. 2 article 324. superintendence .....

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Jul 04 2018 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

Decided on : Jul-04-2018

..... which is not available under the american system is it is felt far more effective than the periodic assessment and far more necessary in a country like india. the draft constitution in recommending the parliamentary system of executive has preferred more responsibility to more stability. 67 (emphasis supplied) shri alladi krishnaswami ayyar agreed with dr ambedkar: ..... carried out by people with responsibility with service orientation." [emphasis supplied].92. now, we shall proceed to discuss the concept of federalism in the context of the constitution of india. encyclopedia britannica defines federalism as: "federalism, mode of political organization that unites separate states or other polities within an overarching political system in such a way as ..... union government. to bolster the said stand, the respondents have placed reliance upon relevant portions of the balakrishnan committee report and also various other provisions of the constitution of india and the 1991 act. further, the respondents argue that to devolve exclusive legislative or exclusive executive power on the legislative assembly or council of ministers of the ..... citizenship of india; and, perhaps most important, the power of the parliament in relation to the formation of new states and alteration of areas, boundaries or names of states.106. from the foregoing discussion, it is clear as day that both the concepts, namely, democracy, i.e., rule by the people and federalism are firmly imbibed in our constitutional .....

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Sep 28 2018 (SC)

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

Decided on : Sep-28-2018

..... 26 which excludes women from the sabarimala temple and hampers their exercise of religious freedom. this is in keeping with over-arching liberal values of the constitution and its vision of ensuring an equal citizenship. m a road map for the future 107 the decision in shirur mutt defined religion to encompass matters beyond conscience and faith. the court recognized that ..... been the struggle for the replacement of an unequal social order. it has been a fight for undoing historical injustices and for righting fundamental wrongs with fundamental rights. the constitution of india is the end product of both these struggles. it is the foundational document, which in text and spirit, aims at social transformation namely, the creation and preservation of ..... the committee was to abolish untouchability among hindus, christians or other communities or whether it applied also to inter-communal 75 ibid 76 b shiva rao, the framing of india s constitution: a study, indian institution of public administration (1968), at page 202 93 part i untouchability. shiva rao has recounted that the committee came to the general conclusion that ..... vivekananda, raja ram mohan roy, rabindranath tagore and others, who led a relentless struggle against this heinous custom, would also be very much pleased today to see that independent india, free india, has at last finally done away with this malignant sore on the body of indian society. 57 mr. seervai, in his seminal commentary, states that untouchability must not be .....

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Sep 25 2018 (SC)

Public Interest Foundation Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-25-2018

..... people (amendment) ordinance, 2002 (4 of 2002) was promulgated and the validity of the same was called in question under article 32 of the constitution of india. the three judge bench in people s union for civil liberties (pucl) (supra) held that section 33-b which provided the candidate to furnish information ..... of filing of affidavit along with the nomination paper is to effectuate the fundamental right of the citizens under article 19(1)(a) of the constitution of india. the citizens are supposed to have the necessary information at the time of filing of nomination paper and for that purpose, the returning officer ..... stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state; (e) if he is so ..... stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance or adherence to a foreign state; (e) if he is so disqualified ..... by or under any law made by parliament. explanation. for the purposes of this clause, a person shall not be deemed to hold an office of profit under the government of india .....

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Sep 26 2018 (SC)

Lok Prahari Vs. Election Commission of India

Court : Supreme Court of India

Decided on : Sep-26-2018

..... place or worship) of the places of worship (special provisions) act 1991]., [or]. [(k) section 2 (offence of insulting the indian national flag or the constitution of india) or section 3 (offence of preventing singing of national anthem) of the prevention of insults to national honour act, 1971 (69 of 1971) 4 [or].;]. ..... to ensure that 2 certified copies of the judgments in cases attracting disqualification of a sitting mp/mla/mlc under article 102/191 of the constitution are made available to the state counsel within 24 hours from the delivery of order regarding sentence for submission to the concerned district magistrate, ( ..... council shall get revived despite the vacancy having occurred from the date of conviction. it has been urged that in the absence of any constitutional or statutory provision, stay of 6 conviction can only operate prospectively to enable a person to contest an election again since membership of the ..... so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a is under any acknowledgment of allegiance or adherence to a foreign state; (e) if he is so disqualified by or under ..... any law made by parliament. [explanation. for the purposes of this clause]. a person shall not be deemed to hold an office of profit under the government of india .....

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Feb 23 2018 (SC)

Centre for Public Interest Litigation Vs. u.o.i

Court : Supreme Court of India

Decided on : Feb-23-2018

..... needs consideration. it sets up an oversight body called the financial stability oversight council (fsoc).53. accordingly, we issue the following directions: (i) 74 the union of india may constitute a three member committee of experts to look into the question whether and to what extent the statutory framework to enforce the letter and spirit of sections 25 and 29 ..... july, 2011 in its report dated 29th july, 2011 on operation of multinational 15. network accounting firms (mafs) in india, the expert group constituted by the icai examined the issues concerning operation of mafs in india. the group was constituted in the context of corporate fraud of high magnitude revealed by the statement of chairman of satyam. the icai sought curbing ..... no allegation against it in the slp. all the partners of respondent no.5 were indians and the firm was also registered with the icai. an expert group was constituted by the ministry of corporate affairs which gave its report dated january 31, 2017 to the effect that big six firms (mafs) were not operating directly. their network ..... well as training requirements giving due credit to the icai s educational and training curriculum. in addition, the indian chartered accountants face various invisible/non-professional barriers like visa, citizenship and residency requirements, procedural impediments to provide services in such countries. while the institute has been pursuing vigorously for recognition of its qualification-for ensuring level playing field for .....

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Mar 13 2018 (SC)

Bar Council of India Vs. A.k. Balaji .

Court : Supreme Court of India

Decided on : Mar-13-2018

..... the act and the bar council rules govern practice of indian law and not foreign law. participation in seminars and conferences does not constitute practice in law. the fourteenth respondent denied the existence of its office in india and that it was practicing indian law. it also took the same stand as respondent no.11 that regulatory framework for advocates did ..... may be represented by legal practitioners or any other authorized representatives. the registrar and/or the tribunal may require proof of authority of any party representatives. 23.2after the constitution of the tribunal, any change or addition by a party to its representatives shall be promptly communicated in writing to the parties, the tribunal and the registrar. ix) ..... tribunals / authorities and consequently, the 1961 act to the extent it applies to advocates practising in courts other than the high courts and supreme court would be ultra vires the constitution. such a narrow construction is unwarranted because, once the parliament invokes its power to legislate on advocates practising the profession of law, then the entire field relating to advocates ..... roll of a state bar council. the qualifications include the citizenship of india, unless a person is national of a country where citizens of india are permitted to practice. one is required to have the prescribed qualification from india or out of india if such degree is recognized by the bar council of india, being a barrister called to the bar before 31st december, .....

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