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Anuradha Bhasin

Supreme Court of India · 2020

The Supreme Court held that freedom of speech and expression and the freedom to carry on a profession, trade or business through the internet are protected under Article 19(1)(a) and 19(1)(g), and can be restricted only within Article 19(2) and 19(6). It ruled that internet suspension can only be temporary, that restriction orders must be published, that Section 144 CrPC cannot be used to suppress legitimate dissent, and that all restrictions must pass the proportionality test. It is the leading case on digital rights and internet shutdowns in India.

Constitutional Law II

First Judges Case

Supreme Court of India · 1981

In S. P. Gupta v. Union of India (1981), a seven-judge bench of the Supreme Court held that 'consultation' with the judiciary in appointing judges does not mean 'concurrence'. Consultation is mandatory and must be full and effective, but the final decision rests with the President acting on the advice of the Council of Ministers. The case also widened locus standi, laying a foundation for public interest litigation, and linked the right to know to Article 19(1)(a). It was later overruled by the Second Judges Case of 1993.

Constitutional Law II

A seven-judge Constitution Bench of the Supreme Court held, by a majority of five to two, that the Council of Scientific and Industrial Research (C.S.I.R.) is "State" under Article 12 because the government controls it deeply and pervasively in financial, functional and administrative matters. The Court overruled the earlier Sabhajit Tewary decision. The case gave the leading test for deciding when a body counts as "other authority" under Article 12, and the test looks at substance, not form.

Constitutional Law II

Ashok Kumar Thakur

Supreme Court of India · 2008

A five-judge Constitution Bench of the Supreme Court upheld the Ninety-third Constitutional Amendment, which inserted Article 15(5), and the Central Educational Institutions Reservation in Admission Act, 2006, including 27% O.B.C. reservation in central institutions such as I.I.T.s, I.I.M.s and central universities. It held that the creamy layer must be excluded from O.B.C. reservation, but not from S.C./S.T. (as the law stood then). It also held that excluding minority institutions does not violate Article 14. The case is a key decision on balancing reservation in higher education with merit, equality and the basic structure.

Constitutional Law II

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According to the text, what did Justice R.F. Nariman hold in Shayara Bano v. Union of India (2017) about laws made by the legislature?

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Labour Law II (Wages & Social Security) Complete notes

Labour Law II: Complete Notes

Meaning of Social Security ▶ Watch this part of the lecture (0:34) A worker may grow old, fall sick, get injured at work, lose the job or die, and a woman worker may have a baby; in each case the family income stops. Social security is the help society gives at such times so that the family does no…

101 min read

Transfer of Property Act, 1882 Complete notes

Transfer of Property Act, 1882: Complete Notes

About this subject ▶ Watch this part of the lecture (0:00) The law of transfer of property is covered in twelve units, from the basic question of what property is to the special rules that apply when a person living outside India buys or sells property in India. Buying a flat, taking a home loan, r…

187 min read

Public International Law Complete notes

Public International Law: Complete Notes

About this subject ▶ Watch this part of the lecture (00:00) Public International Law is studied in seven units: from how a law between nations was born to how a new State or government is accepted by other States. Rules made between States work quietly in daily life, when a parcel is sent abroad, a…

123 min read

Jurisprudence Complete notes

Jurisprudence: Complete Notes

About this subject ▶ Watch this part of the lecture (0:00) Jurisprudence covers the whole range of legal theory, from the first question (why study this subject at all) to the latest debates on justice, gender and the Indian Constitution. Names like Kelsen, Hart and Dworkin, and words like Grundnor…

138 min read

Human Rights Law Complete notes

Human Rights Law: Complete Notes

About this subject ▶ Watch this part of the lecture (00:00) Human Rights Law runs, across six units, from what makes a right a human right to newer issues such as artificial intelligence, corruption, business power, and the rights of transgender persons and prisoners. Human rights are engaged whene…

122 min read

Gender and Law Complete notes

Gender and Law: Complete Notes

About this subject ▶ Watch this part of the lecture (0:00) Gender and Law is studied in six units, from what gender is and how the State has used it, to how stereotypes about women and men shape the reasoning of courts. Gender is not a subject only about women: it quietly decides who cooks at home…

101 min read

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