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Page-9 of Archives: September, 2014

Does compulsory blood test to determine paternity violate Article 21 of the Indian Constitution?

Karnataka High Court in Nigamma v. Chikkaiah held that to decide the question of paternity of a child, no party can be compelled by the Court to undergo medical examination...

September 28, 2014

Discuss briefly about the solitary confinement imposed upon prisoners who are under sentence of death.

In Sunil Batra(I) v. Delhi Administration, the Court emphasized that Article 21 means that “the law must be right, just, fair, and not arbitrary, fanciful or oppressive. Otherwise, it...

September 28, 2014

What has been held in the case of Mohini Jain v. State of Karnataka in regard to right to education?

The Supreme Court in Mohini Jain v. State of Karnataka held that the right to education is a fundamental right under Article 21 of the Constitution which cannot be denied...

September 28, 2014

What is meant by ‘life’ in Article 21 of the Indian Constitution?

The Supreme Court has used Article 21 in a very creative manner to improve the quality of life and to imply there from a bundle of rights for...

September 28, 2014

Whether Article 21 of the Indian constitution is positive or negative?

Article 21 of the Indian constitution in its grammatical form, appears to be negative, but, in reality, it has been given a positive effect by judicial interpretation. The...

September 28, 2014

What was the held by the Supreme Court in the case of Vishaka v. State of Rajasthan?

The Supreme Court has made a novel use of Article 21 to ensure that the female workers are not sexually harassed by their male co-workers at their places...

September 28, 2014

Is right to die a Fundamental Right under Article 21 of the Indian Constitution?

In P.Rathinam v. Union of India, it was held by the Supreme Court that a person cannot be forced to enjoy right to life to his detriment, disadvantage or...

September 28, 2014

What was the view expressed by the Supreme Court in Maneka Gandhi’s case regarding Article 14, 19 and 21 of the Indian Constitution?

In Maneka Gandhi’s case, the Supreme Court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto. The Court reiterated the proposition...

September 28, 2014

What was the held in the case of state of Himachal Pradesh v. Raja Mahendra Pal regarding right to livelihood?

In Himachal Pradesh v. Raja Mahendra Pal , it was held that the right to livelihood as contemplated under Article 21 of the constitution cannot be so widely constructed which...

September 28, 2014

Who is entitled for legal aid?

When an accused has been sentenced by a Court, but he is entitled to appeal against the verdict, he can claim legal aid; if he is indigent and...

September 28, 2014

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