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Page 1 of 231 Page 1 of 231 FOREWORD More has been said about the writing of lawyers and judges than of any other group, except, of course, poets and novelists. The difference is that while the latter has usually been admired for their writing, the public has almost always damned lawyers and judges for theirs. If this state of affairs has changed in recent times, it is only in that many lawyers and judges have now joined the rest of the world is complaining about the quality of legal prose. My best wishes to all these student contributors, for their future endeavors. My best wishes and assurance to the readers that this will add a lot to the knowledge after reading this perfect case compilation. It’s not just for the legal fraternity but for anyone who has an interest in the field of law. By Ms.Vrinda Khanna & Ms.Nandini Mangla Associate of All India Legal Forum Page 2 of 231 PREFACE All India Legal Forum is replenished with information to give students a ready reference to the various areas of legal issues and news. All India Legal Forum is a team of more than 400 law students across the country to tackle basic problems that a legal researcher faces in day- to-day life, putting forward the basic things needed for researching and drafting. The All India Legal forum strives at providing a valuable contribution to contemporary legal issues and development. The organization seeks to bring out a platform to provide resourceful insights on law-related topics for the ever-growing legal fraternity. All India Legal Forum doesn't just publish blogs but also guides the authors. Determination and dedication are considered as ultimate requisition to be a good researcher by the All India Legal Forum, it also thrives to instill the values. The reason behind the smoothed running of All India Legal Forum is the official structure of the organization in which different rules are allotted by considering the strengths of the students and giving them roles accordingly through various Boards and Committees incorporated in the Organisation. The Legal Fort Night subdues about the current legal issues and news happening around. It consists of the summaries of the Supreme Court and High Court Judgements of the 14 days. The Legal Fort Night Team keeps compiling the judgments of the Supreme Court and high court regularly. The Legal Fort Night not only compiles the judgments of the Supreme Court and High Court, but it also deals with the static law. We’re glad to be a part of the All India Forum. Here’s an introduction to my team: Patron- in-Chief: Aayush Akar Editor-in-Chief: Shubhank Suman Senior Manager - Nandini Mangla ,Vrinda Khanna Internal manager - Sakshi External manager - Deepti Page 3 of 231 Researchers: Nihar Ranjan das Shravani Ghate Bidisha Pandita Khyati Solanki S.S.Surekha Rohan Zaveri Anurag Mishra Nirali Jain Mahwish Abbasi Daaliyah Mayank Kulshrestha Samarth Jain Muskan Katyayan Hatia Editors: Abhavya Rabra Kashish Ali Parth Tamta Priya Singh Page 4 of 231 INDEX SUPREME COURT JUDGMENTS......................................................6-12 HIGH COURT JUDGMENTS............................................................13-49 ARTICLES..........................................................................................50-170 7th Constitutional Amendment Act………………………………………………………50-61 The Constitution (Fifteenth Amendment) Act, 1963………………………………….62-72 The Constitution (38TH Amendment) Act, 1975………………………………..........73- 82 The Constitution (Thirty-ninth Amendment) Act, 1975……………………………..83- 91 The Constitution (Forty-sixth Amendment) Act, 1982……………………………..92- 102 52nd Amendment……………………………………………………………………….103- 112 63rd Amendment……………………………………………………………………….113-134 79th Amendment of Constitution Of India…………………………………………..135-143 84th Amendment of Constitution……………………………………………………...144-152 100th Constitutional Amendment Act, 2015…………………………………..........153-161 102nd Amendment to Constitution…………………………………………………..162-170 NEWS.................................................................................................171-230 Page 5 of 231 SUPREME COURT JUDGMENTS SUPREME COURT TO HEAR LETTER BY PU STUDENTS ON POLICE ATROCITIES ON FARMERS PROTEST1 A letter petition has been filed in the supreme court of India to seek inquiry into excesses of the police and illegal detention of protesting farmers. The letter was sent by thirty-five students of Punjab University who alleged that the Government of India had acted in indictive, atrocious, and unconstitutional abuse of power to rip off constitutional rights of such farmers to protest in peace. The letter said that ‘After more than two months of peaceful protests in their home states, served with incompatible gestures of Government of India when farmers (felt marooned) decided to approach to the National Capital Delhi, the peaceful protestors (farmers) were thrashed and walloped that it seemed to raise voice or the Fundamental Rights as provided by the Supreme Law of the Nation is a dreadful crime (which it is not).” It is alleged that the media has polarized the whole peaceful movement by associating it with separatism and the Delhi Police has employed in the illegal use of water cannons, tear gases shells, and lathis, and has even proceeded to "jail" some of the farmers, which amounts to their detention as unlawful. The court said that no impediment in the exercise of the right to protest as long as it is non- violent and does not result in damage to the life and properties of other citizens. It is submitted that the farmers, just like any other citizen of this democratic nation, are free to 1 Akshita Saxena, Live Law, Farmer Protest: Supreme Court To Hear A Letter By Punjab University Students As PIL On Police Excesses Against Farmers, available at: https://www.livelaw.in/top-stories/farmers- protest-police-excesses-pil-students-letter-supreme-court-167901 Page 6 of 231 express their will and sentiments, however, the Central Government is turning deaf and indifferent in toto to their problems. It was contended before the court that such actions are not only violative of their fundamental rights but also inconsiderate under international laws, viz. Universal Declaration of Human Rights, ICCPR, and ICESCR. The court has decided to hear the letter as a PIL. ANIMALS ARE SOURCE OF LIVELIHOOD: SC ON 2017 CATTLE PROTECTION RULES2 The Supreme Court while considering a plea challenging the validity of 2017 Rules under the Prevention of Cruelty to Animals Act, which allow authorities to seize vehicles. The bench heard the petition and has directed the Government to withdraw the rules. The Assistant Solicitor General, Mr. Sood has he will seek instructions and file an affidavit on the matter very soon. The court observed that Animals are not domesticated pets like cats and dogs, instead they are a source of livelihood and The government cannot take this source of income and profession away from the people, and this is against Section 29 of the Act. The court said that rules are contradictory in nature and hence need to be changed or withdrawn. The rules have increased the frequency of animal lootings, which is a violation of rule of law, caused communal violence and distress, and further causes certain violative groups to take laws into their own hands. In 2017, the Centre notified that they were considering the withdrawal of these rules, but the said has not been done. 2 Radhika Roy, Live Law, ‘Animals Are Sources Of Livelihood, You Can't Take Them Away, Either You Change It Or We Will Stay’: CJI On 2017 Cattle Protection Rules, available at: https://www.livelaw.in/top-stories/supreme-court-cattle-transportation-prevention-of-cruelty-to-animals-act- 2017-rules-167896?infinitescroll=1 Page 7 of 231 STAY WILL ASSUAGE HURT FEELINGS OF FARMERS AND ENCOURAGE THEM TO COME TO THE NEGOTIATING TABLE: SUPREME COURT TO STAY THE FARM LAWS The Supreme Court today preserved the enforcement of the three farm acts aimed at retaining the Minimum Support Price (MSP) for crops and securing farmers' landholdings. The three laws - the Price Assurance & Farm Services Act Farmers (Empowerment & Protection) Agreement, the Farmers Produce Trade & Commerce (Promotion & Facilitation) Act, and the Amendment to the Vital Commodities Act were retained before further orders were given. While doing so, SA Bobde and Justices AS Bopanna and V Ramasubramanian of the Bench of Chief Justice of India expressed hope that their direction would enable farmers to bring an end to the protests. IN RACHNA SINGH VS. UNION OF INDIA, The Supreme Court on Monday adjourned a plea seeking an extra chance for civil service aspirants in giving the UPSC exams on account of the difficulties that may have arisen due to the COVID – 19 pandemic. A Bench of Justices Am Khanwilkar, BR Gavai, and Krishna Murari heard the submission of ASG SV Raju who sought time as previously the center had Page 8 of 231 stated that the issue was under “active consideration” of the Central Government and the Union Public Services Commission. Vasireddy Govardhana Sai Prakash vs. UPSC, explore the possibility of providing one more attempt to such candidates with a corresponding extension of an age limit. A bench held by Justice AM Khanwilkar disposed of another petition Abhishek Anand Sinha vs. Union of India, observing that it was not appropriate for the court to pass orders when the matter was under the consideration of the concerned authorities. The present petition was raised in the writ petition is under consideration of the appropriate authority and in light of the observations made by this court in an order dated 30.09.2020 in Writ Petition (c) No. 1012 of 2020, needful is being done in the matter. As a result, it may not be appropriate to precipitate the matter further. We leave it to the competent authorities to assuage the grievance of the petitioners, as brought before this court in the present writ petition appropriately”, the bench observed in the order. The present petition is filed as a sequel to the above proceedings seeking a compensatory extra chance for civil service candidates.
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