Court : Gujarat
Decided on : Nov-11-2009
Reported in : AIR2010Guj21
..... indian citizens by birth. passport to travel abroad therefore, cannot be denied to those babies, who are indian citizens, which would otherwise be violative of article 21 of the constitution of india. section 6 of the passport act refers to the grounds for refusal of passport. section 6(2)(a) says that passport can be denied if the applicant is not a ..... a proper legislation drawing such a presumption including adoption. further the question as to whether the babies born out of a surrogate mother have any right of residence in or citizenship by birth or mere state orphanage and whether they acquire only the nationality or the biological father has to be addressed by the legislature.21. indian council of medical research ..... exists no specific laws in japan concerning parent-child relationship for artificial insemination, and the mother - and - child relationship will be based on the fact of delivery. the issue of citizenship status of such an infant is also a burning problem in japan. the japan supreme court rejected the japanese commissioning parents bid to register their twins born to a u ..... to the regional passport officer to return those passports so that he can take the babies to germany and then make an application in germany so as to acquire german citizenship. petitioner submits that surrogacy is not recognized in germany. even the immigration office at siberia is also insisting production of the passport and not certificates of identity issued by the .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-17-2009
..... is not possible to pierce the veil of incorporation in india to determine the citizenship of the members and then to give the corporation the benefit of article 19. the corporation cannot claim to enforce fundamental rights under part iii of the constitution against the state as defined in constitution against the state as defined in article 12.15. ..... ' in part iii of the constitution. part iii, which proclaims fundamental rights, was very accurately drafted, delimiting ..... they enacted part ii of the constitution relating to 'citizenship', and made a clear distinction between 'persons' and 'citizens ..... page 1812 which reads as follows:the rights of citizenship envisaged in article 19 are not wholly appropriate to a corporate body. in other words, therights of citizenship and the rights flowing from the nationality or domicile of a corporation are not conterminous. the makers of the constitution had altogether left out of consideration juristic persons when .....Tag this Judgment!
Court : Delhi
Decided on : Jul-02-2009
Reported in : 2010CriLJ94; 160(2009)DLT277
..... adult males.98. the inevitable conclusion is that the discrimination caused to msm and gay community is unfair and unreasonable and, therefore, in breach of article 14 of the constitution of india.infringement of article 15 - whether 'sexual orientation' is a ground analogous to 'sex'99. article 15 is an instance and particular application of the right of equality ..... 'unnatural sexual acts' has no rational nexus to the classification created between procreative and non- procreative sexual acts, and is thus violative of article 14 of the constitution of india. section 377's legislative objective is based upon stereotypes and misunderstanding that are outmoded and enjoys no historical or logical rationale which render it arbitrary and unreasonable. it ..... section 377 ipc, on account of it covering sexual acts between consenting adults in private infringes the fundamental rights guaranteed under articles 14, 15, 19 & 21 of the constitution of india. limiting their plea, the petitioners submit that section 377 ipc should apply only to non-consensual penile non-vaginal sex and penile non- vaginal sex involving minors. the ..... the hands of the law enforcement machinery. the government of india estimates the msm number at around 25 lacs. the number of lesbians and transgenders is said to be several lacs as well. this vast majority (borrowing the language of the south african constitutional court) is denied 'moral full citizenship'. section 377 ipc grossly violates their right to privacy and .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-12-2009
Reported in : AIR2010Gau37
..... section 15 is challenged not only arbitrary and violative of article 14 but also inconsistent with the scheme of part ix of the constitution of india.4. part ix of the constitution, as it exists today, was inserted by the constitution seventy third amendment act, 1992 w. e. f. 24-4-1993. under article 243b it is mandated that the panchayats at the village ..... the constitution such as the representation of the people act, provide for vacation of the office of an elected representative either to the parliament or a legislative assembly in various contingencies such as holding an office of profit either under the govt. of india or the state govt., as the case may be or on becoming an undischarged insolvent or acquiring citizenship of ..... a foreign state etc. such prescriptions, in our view, are the 'practical adaptation to the attainment of a just result' - a politically just result. the vacation of the membership of the parliament or the legislature of the state, as the case may be, in such contingencies, as indicated above, is perceived by the constitution makers to be ..... , intermediate and district levels, are required to be constituted in every state in accordance with the provisions of this part. the expression 'panchayat' itself is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-19-2009
Reported in : AIR2009SC2116; JT2009(5)SC266; 2009(4)SCALE626; (2009)11SCC398; 2009(3)LC1390(SC):2009AIRSCW2702
..... 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 ..... made out for rejection of nomination of the returned candidate under section 36(2)(b) of the act, 1951.22. article 84 of the constitution makes the provision for qualification for membership of parliament which reads thus;84. qualification for membership of parliament - a person shall not be qualified ..... materially affected -(i) by the improper acceptance or any nomination,or(ii) ...(iii) ...(iv) by any non-compliance with the provisions of the constitution or of this act or of any rules of orders made under this act, the high court shall declare the election of the returned candidate to ..... continued to claim that he was a member of two political parties simultaneously which is inconsistent with the provisions of tenth schedule of the constitution. the learned counsel submitted that the returned candidate hoodwinked the electorate by falsely alleging that he was a member of dmk party and stood ..... hereinafter referred, 'the petitioner') is an electorate of no. 7, vellore parliamentary constituency, having electoral no. 555 in the electoral list. general elections to constitute the 14th lok sabha took place in the months of april-may, 2004. to represent the said constituency, 19 candidates contested election; k.m. khader .....Tag this Judgment!
Court : Chennai
Decided on : Jan-19-2009
Reported in : AIR2009Mad127; (2009)2MLJ396
..... as to why such ban order is imposed on him and it need not give any opportunity or notice to the foreign national. the constitution of india does not contain any provision obliging the central government to issue notice affording an opportunity. the right to life guaranteed under article 21 which ..... came to be passed in violation of principles of natural justice and the same further violates articles 14, 19, 21 and 22 of the constitution of india.iii. the impugned order is a non-speaking order which does not assign any reason much less a proper reason for restricting the entry ..... concerned had served a notice before passing impugned order, the petitioners could have produced some relevant materials in support of their claim of acquisition of citizenship, which they failed to do in the absence of a notice.18. ofcourse, no reference has been made about the international covenant 1966 in ..... . 03tf 750 95. most of his relatives and family members reside in india. he has got a valid multiple entry ..... orders. nagamuthu, j.1. the petitioner is a citizen of india residing at madras. his brother by name mr. rajiah john premkumar was born and brought up in india. later, he acquired citizenship of france and admittedly, he is no more a citizen of india. he resides in france. he holds french passport bearing no .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Dec-01-2009
..... responsibility for the good government of the islands. the secretary of state for justice and lord chancellor ("the secretary of state"), the first respondent, has departmental responsibility for the constitutional relationship between the crown and the channel islands. the second respondent, the committee for the affairs of jersey and guernsey, is a committee of the third respondent, the ..... europe, it is citizens, and not non-resident aliens, who have the right to vote and stand for election. there may be some exceptional cases, for example where citizenship is withheld on, for example, linguistic grounds from communities who have been settled on the territory of a state for several generations: see venice commission explanatory report, para 1 ..... requirements. in view of new caledonia's transitional status the right to vote was given to the "population" defined by reference to 10 years' residence, which was identical to the citizenship requirement. the court specifically referred (at ) to the need to ensure "citizen participation and knowledge" in framing rules on voting eligibility. 93. consequently both in international law ..... recalls that this provision guarantees individual rights, including the right to vote and to stand for election. however, these rights are not absolute but rather subject to limitations, such as citizenship " citing hirst v united kingdom (no 2) (2006) 42 ehrr 41. 88. the guidelines on elections of the venice commission (referred to above, para 68) said, .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-18-2009
..... (1977); law, rethinking sex and the constitution, 132 u. pa. l. rev. 955, 983 984, and nn. 107 109 (1984); roelofs, sex discrimination and insurance planning: the rights of ..... at the time, but such a situation is not presented here. footnote 5 although certain circuit courts had previously concluded that treating pregnancy leave less favorably than other disability leave constituted sex discrimination under title vii, this court in gilbert clearly rejected that conclusion, 429 u. s., at 147 (brennan, j., dissenting); see also id. , at 162 (stevens, j., dissenting). gilbert ..... ninth circuit s decision directly conflicts with the holdings of the sixth and seventh circuits that reliance on a pre-pda differential accrual rule to determine pension benefits does not constitute a current violation of title vii. see ameritech benefit plan comm . v. communication workers of am. , 220 f. 3d 814 (ca7 2000) (finding no actionable title vii violation given ..... its forerunner, geduldig v. aiello , see, e.g ., bartlett, pregnancy and the constitution: the uniqueness trap, 62 calif. l. rev. 1532, 1551 1566 (1974); eskridge, america s statutory constitution, 41 u. c. d. l. rev. 1, 39 40, and n. 175 (2007); karst, the supreme court 1976 term foreword: equal citizenship under the fourteenth amendment, 91 harv. l. rev. 1, 54, n. 304 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-11-2009
Reported in : JT2009(14)SC283; 2009(14)SCALE14
..... of some senior counsel as amicus curiae.30. let the papers of this case be placed before hon'ble the chief justice of india for constituting preferably a constitution bench at an early date for deciding the questions stated by us above.asok kumar ganguly, j.1. i agree with my learned ..... .17. the learned chief justice made a categorical finding at para 47 (page 42) that the rigid separation of powers as under american constitution or australian constitution does not apply to our country.18. in indira nehru gandhi [supra] the view of chief justice ray was affirmed by justice chandrachud ..... such activities. hence, this court by order dated 12th december, 2005 directed appointment of a committee and accordingly a committee was constituted by the ministry of human resources and development, union of india. the members of the committee were:1. mr. j.m. lyngdoh, retd. chief election commissioner(chairman).2. dr. ..... is pointed at page 83 that:these measures must be commended as a significant attempt to adapt the court to the needs of the unempowered citizenship, but whilst this may be the best of all possible alternatives it remains a far from ideal solution. though the court is able to ..... has no power over sword or the purse nonetheless it has power to ensure that the aforesaid two main organs of state function within the constitutional limits. it is the sentinel of democracy. judicial review is a powerful weapon to restrain unconstitutional exercise of power by the legislature and executive .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-24-2009
Reported in : JT2009(11)SC426; (2010)8MLJ1420(SC); 2009(11)SCALE708; (2009)9SCC648; 2009(9)LC4214(SC):2009AIRSCW5938:2009(5)LHSC3292
..... clauses as (ad) after clause (ac) of section 3 of the principal act:(ad) the office of the chairperson of the national advisory council constituted by the government of india in the cabinet secretariat vide order no. 631/2/1/2004-cab, dated the 31st may, 2004;' section 2 of amendment act also inserted after ..... not entitled to continue as a member of the rajya sabha in view of article 102(1)(a) of the constitution. a presidential order was passed under article 103(1) of the constitution of india by which the said member of the rajya sabha was disqualified from being a member of the rajya sabha on the ..... on 25th may, 2006. the president returned the bill on 30th may, 2006 to the parliament for reconsideration under article 111 of the constitution of india. the bill was passed again by both the houses without amendment and presented to the president for assent and the said assent was given on ..... mind and 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 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 .....Tag this Judgment!