Author: toahostinger

Maneka Gandhi v. Union of India (1978) – Expanding the Meaning of Personal Liberty Summary:This case transformed the interpretation of Article 21, holding that personal liberty is not just physical freedom but includes a wide range of rights—and any procedure restricting it must be fair, just, and reasonable. Background: Maneka Gandhi, a journalist and the daughter-in-law of former Prime Minister Indira Gandhi, was issued a passport. Shortly after, the government ordered her to surrender it without giving any reason, under the Passport Act, 1967. When she asked for an explanation, it was denied “in public interest.” Maneka Gandhi filed a writ petition under Article 32, claiming this action violated her Fundamental Rights. Legal Issues Raised: Can the government restrict a citizen’s right to travel without giving proper reasons or following due process? What is the true scope of Article 21—the right to life and personal liberty? Can laws under Article 21 be arbitrary, or must they follow fair procedure? Key Observations by the Supreme Court: Redefined Article 21: The Court declared that the term “procedure established by law” in Article 21 cannot be arbitrary. It must be just, fair, and reasonable, aligning with the principles of natural justice. Link Between Fundamental Rights: The judgment emphasized that Articles 14 (Right to Equality), 19 (Freedoms), and 21 are not isolated. They are interlinked and must be read together. Right to Travel Abroad: The right to travel is part of the personal liberty guaranteed under Article 21. Any restriction on it must meet strict constitutional standards. Procedural Fairness is Mandatory: Simply having a law isn’t enough. The process it lays down must protect the individual’s dignity and fairness. Impact of the Judgment: Broadened the scope of Article 21, influencing countless future cases involving privacy, dignity, environment, and more. Shifted Indian constitutional law closer to due process, as practiced in the United States. Made arbitrary executive actions more challengeable in court.

Kesavananda Bharati v. State of Kerala (1973) – The Case That Drew the Line for Parliament’s Power 🟠 Summary:This landmark judgment laid the foundation of the Basic Structure Doctrine, ensuring that while Parliament can amend the Constitution, it cannot change its core principles such as democracy, rule of law, and fundamental rights. 📖 Background of the Case: In the early 1970s, the Indian government introduced land reform laws to promote social and economic justice by redistributing land. These reforms often came into conflict with the right to property. Swami Kesavananda Bharati, the head of a Hindu religious mutt in Kerala, challenged these laws when the state tried to take over the mutt’s land under the Kerala Land Reforms Act. Initially a property rights case, it soon became a constitutional crisis: Could Parliament make changes to the Constitution that undermine individual freedoms? ⚖️ Key Legal Questions: Does Parliament have unlimited power to amend the Constitution under Article 368? Can Parliament amend or take away fundamental rights like the right to property, equality, or liberty? Is there any part of the Constitution that is beyond the reach of Parliament’s amendment power? 🧠 Court’s Observation & Verdict: A 13-judge bench, the largest in Indian judicial history, heard the case. In a close 7-6 majority, the Court ruled: Yes, Parliament can amend the Constitution. But it cannot destroy or alter its ‘basic structure’. This means that while laws can change with time, the fundamental identity of the Constitution must remain intact. The Court didn’t give an exhaustive list of what constitutes the “basic structure,” but it identified essential features like Supremacy of the Constitution, Rule of law and Separation of powers.  📌 Why This Case Matters: It saved the Constitution from being rewritten at will by those in power. It created a balance between amendability and stability. It reinforced the judiciary’s role as the guardian of the Constitution. It later helped courts strike down unconstitutional amendments, such as those affecting elections or weakening courts. 📚 Legacy: Even decades later, the Kesavananda Bharati judgment remains the cornerstone of constitutional law in India. It has been cited in numerous rulings and continues to act as a shield against authoritarian misuse of power.

Selvi v. State of Karnataka (2010) – Landmark Judgment on Involuntary Administration of Scientific Tests This case addresses the validity of involuntary scientific techniques such as narcoanalysis, polygraph examinations, and Brain Electrical Activation Profile (BEAP) tests, questioning their impact on individual rights in criminal investigations. Summary:The Supreme Court ruled that the involuntary use of narcoanalysis, polygraph tests, and BEAP tests violates the right against self-incrimination under Article 20(3) of the Indian Constitution. It emphasized the need to protect individual liberties during criminal investigations while balancing the interests of justice. Key Observations: Violation of Self-Incrimination Rights: The Court affirmed that forced administration of these scientific techniques violates Article 20(3), which protects individuals from self-incrimination during investigations. Voluntary Administration with Safeguards: While voluntary tests are allowed, they must be accompanied by clear consent and safeguards. Involuntary tests are inadmissible as evidence. Testimonial Nature of Evidence: Results from these techniques are treated as personal testimony and not material evidence, meaning they are inadmissible unless voluntarily provided. Infringement on Personal Liberty: The compulsory administration of these tests violates the fundamental right to personal liberty under Article 21, as it involves an unjustified intrusion into mental privacy. International Human Rights Concerns: The Court noted that forced use of these tests could be seen as cruel, inhuman, or degrading treatment under international human rights norms. NHRC Guidelines: The National Human Rights Commission guidelines must be followed rigorously, ensuring informed consent, legal counsel, and appropriate safeguards. Conclusion:This case reinforces that personal liberty and constitutional rights must be upheld in the face of criminal investigations, setting critical limits on the use of involuntary scientific techniques.

The Rajasthan Judicial Services (RJS) Examination for 2025 is a comprehensive multi-stage recruitment process, consisting of a Preliminary Examination, a Main Examination, and an Interview. Below is a clear and detailed explanation of each stage, followed by the syllabus to help candidates understand the requirements. 1. Examination Stages The recruitment process for the position of Civil Judge is structured into three major stages: Preliminary Examination (Objective Type) Main Examination (Subjective Type) Interview (Viva-Voce) Important Notes: The marks obtained in the Preliminary Examination will not be counted for the final merit. 15 times the vacancies (category-wise) will be shortlisted from the Preliminary Examination to appear for the Main Examination. However, in case of a tie on the last cut-off, all candidates with the same marks will be admitted. Candidates must secure a minimum percentage in the Preliminary Examination to qualify for the Main Examination: SC/ST/PWD/Ex-servicemen: 40% in Prelims. Other categories: 45% in Prelims. 2. Preliminary Examination The Preliminary Examination is a 2-hour objective type paper with 100 questions, totaling 100 marks. The examination tests candidates on both Law and Language Proficiency (English and Hindi). There is no negative marking for wrong answers. Weightage:  70% weightage will be given to the subjects prescribed in syllabus for Law Paper-I and Law Paper-ll, prescribed in the Main Examination syllabus. 30% of the questions assess proficiency in Hindi and English language. The Preliminary Exam syllabus includes: Law: Same as the syllabus for Law Paper-I and Law Paper-II in the Main Examination. English Proficiency: Tenses Articles and Determiners Phrasal Verbs and Idioms Active & Passive Voice Co-ordination & Subordination Direct & Indirect Speech Modals Expressing Various Concepts, including – (Obligation, Request, Permission, Prohibition, Intention, Condition, Probability, Possibility, Purpose, Reason, Companions, Contrast) Antonyms and Synonyms. Hindi Proficiency: शब्द रचना: संधि एवं संधि विच्छेद, समास, उपसर्ग, प्रत्यय शब्द प्रकार:(क) तत्सम, अर्धतत्सम, तद्भव, देशज, विदेशज(ख) संज्ञा, सर्वनाम, विशेषण, क्रिया, अव्यय (क्रिया विशेषण, संबंध सूचक, विस्मयादिबोधक, निपात) शब्द ज्ञान: पर्यायवाची, विलोम, शब्द युग्मों का अर्थ भेद, वाक्यांश के लिए सार्थक शब्द, समश्रुत भिन्नार्थक शब्द, समानार्थी शब्दों का विवेक, उपयुक्त शब्द चयन, संबंधवाची शब्दावली शब्द शुद्धि व्याकरणिक कोटियाँ: कारक, लिंग, वचन, पुरुष, काल, विधि (Mood), पक्ष (Aspect), वाच्य (Voice) वाक्य रचना, वाक्य शुद्धि, विराम चिह्नों का प्रयोग मुहावरे/लोकोक्तियाँ पारिभाषिक शब्दावली: प्रशासनिक, विधिक (विशेषतः) 3. Main Examination The Main Examination is subjective and consists of three papers: Law Paper-I Law Paper-II Language Paper (Hindi and English Essays) LAW                         Law Paper-I (Civil Law) 100 Marks 3 hours LAW                           Law Paper-II (Criminal Law) 100   Marks 3 hours LANGUAGE Paper-I (Hindi Essay) 50 Marks     2 hours LANGUAGE Paper-II (English Essay) 50 Marks 2 hours Interview Personal Interview 35 Marks Syllabus for Law Paper-I: This paper covers Civil Law subjects, including: Code of Civil Procedure (CPC), 1908 Indian Contract Act, 1872 The Constitution of India Indian Evidence Act, 1872 Limitation Act, 1963 Specific Relief Act, 1963 Transfer of Property Act, 1882 The Rajasthan Rent Control Act, 2001 The Interpretation of Statutes Hindu Laws: Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956; Hindu Succession Act, 1956; Hindu Minority & Guardianship Act, 1956 Rajasthan Court Fees & Suits Valuation Act, 1961 Rajasthan Land Revenue Act, 1956 Partnership Act, 1932 Sale of Goods Act, 1930 The Registration Act, 1908 Mohammedan Law (Relating to Marriage, Divorce, Succession, Maintenance & Adoption) Order/Judgment Writing Syllabus for Law Paper-II: This paper focuses on Criminal Law and Procedural Law: Code of Criminal Procedure (CrPC), 1973 The Bhartiya Nagrik Suraksha Sanhita, 2023 Indian Penal Code (IPC), 1860 The Bhartiya Nyay Sanhita, 2023 (Bharatiya Nyay Sanhita) Bhartiya Sakshya Adhiniyam, 2023, Indian Evidence Act, 1872  The Juvenile Justice (Care and Protection of Children) Act, 2015 The Negotiable Instruments Act, 1881 Probation of Offenders Act, 1958 Protection of Women from Domestic Violence Act, 2005 Indecent Representation of Women (Prohibition) Act, 1986 Protection of Children from Sexual Offences (POCSO) Act, 2012 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Rajasthan Excise Act, 1950 The Information Technology Act, 2000 Framing of Charge and Judgment Writing Syllabus for Language Paper: The Language Paper consists of two sections: Hindi Essay: Candidates will write an essay in Hindi. English Essay: Candidates will write an essay in English. 4. Interview (Viva-Voce) The Interview assesses candidates on their personality, general knowledge, current affairs, and suitability for the judicial service. Candidates will also be evaluated on their proficiency in Rajasthani dialects and their knowledge of social customs of Rajasthan. The interview is intended to gauge the candidate’s overall personality and their understanding of societal issues, including contemporary challenges. 5. Final Merit List The final merit list is prepared based on the aggregate marks from the Main Examination and the Interview. In case of a tie in aggregate marks, the following tie-breaking procedure will be followed: Higher marks in Interview will be the deciding factor. Age: If the Interview marks are also tied, preference will be given to the older candidate. Minimum Marks for Appointment: SC/ST/PWD candidates: Minimum 35% in Written Exam + Interview. Ex-servicemen candidates: Minimum 35% in Written Exam + Interview. Other candidates: Minimum 40% in Written Exam + Interview. Summary of Important Points: Preliminary Examination: Objective-type paper on Law (70%) and Language Proficiency (30%). Main Examination: Subjective papers on Law (Civil and Criminal) and Language (Hindi & English essays). Interview: Personality, general knowledge, and proficiency in Rajasthani dialects. Final Selection: Based on the aggregate marks in the Main Examination and Interview. You can now start your preparation for Judicial Services with us. For more details ask here : https://wa.me/message/KQFV6VUK5AIWB1 Our YouTube channel: https://youtube.com/@theoryofabrogation?si=scV-M5gisXmJmZCf

Citation AIR 1964 SC 964 Court Supreme Court of India Date of Judgment 18 February 1964 Bench Hon’ble Justice K. Subba Rao, Hon’ble Justice J.C. Shah Facts of the Case The case involved a dispute between the Union of India and Maddala Thathiah over the specific performance of a contract concerning the transportation of goods by the Indian Railways. Maddala Thathiah claimed that the railway authorities failed to fulfill their contractual obligations, causing significant losses to him. The Union of India argued that the non-performance was due to unforeseen circumstances beyond their control, such as logistical and operational constraints. Maddala Thathiah sought compensation for the breach. Legal Issues Whether the Union of India was liable for non-performance of the contract under force majeure conditions. Whether Maddala Thathiah was entitled to compensation for the alleged breach of contract. Reasoning of the Court Force Majeure and Section 56 The court examined the applicability of Section 56 of the Indian Contract Act, 1872, which excuses performance of a contract when it becomes impossible due to unforeseen events. Obligation of the Parties The court held that the Union of India failed to provide sufficient evidence to prove that the alleged logistical issues amounted to a force majeure event. Specific Performance and Compensation The court emphasized that when a public authority fails to fulfill its contractual obligations without valid justification, it can be held liable for damages. Judgment The Supreme Court ruled in favor of Maddala Thathiah, holding that the Union of India was liable for breach of contract. The court awarded compensation to Maddala Thathiah for the losses incurred due to non-performance. Significance of the Case Accountability of Public Authorities The case reinforced the principle that public authorities, including the Indian Railways, are bound by their contractual obligations and cannot escape liability without valid grounds. Force Majeure Interpretation It clarified the scope of force majeure, ensuring that it cannot be invoked without substantial evidence of unforeseen events. Protection of Private Parties The judgment emphasized the importance of protecting private parties in contracts involving public entities. Conclusion The case of Union of India v. Maddala Thathiah is a landmark decision that underscores the accountability of public authorities in fulfilling contractual obligations. It provides clarity on the application of force majeure and ensures fairness in disputes involving government entities.

Citation AIR 1971 SC 712 Court Supreme Court of India Date of Judgment 16 February 1971 Bench Hon’ble Justice G.K. Mitter, Hon’ble Justice A.N. Grover, Hon’ble Justice K.S. Hegde Facts of the Case Puranlal Sah, the appellant, entered into a contract with the State of Uttar Pradesh to supply timber. The contract included specific terms regarding delivery timelines, quality, and penalties for delay. The appellant failed to deliver the timber on time due to unforeseen difficulties, including adverse weather conditions and logistical challenges. The State of UP terminated the contract and imposed penalties. Puranlal Sah argued that the doctrine of frustration applied, as the unforeseen circumstances made performance impossible. Legal Issues Whether the doctrine of frustration could be invoked to excuse non-performance of the contract. Whether the unforeseen difficulties constituted an impossibility under Section 56 of the Indian Contract Act, 1872. Reasoning of the Court Scope of Section 56 The court noted that Section 56 of the Indian Contract Act applies only when performance of a contract becomes impossible or unlawful due to unforeseen events. Mere difficulty or inconvenience does not constitute frustration. Unforeseen Difficulties vs. Impossibility The court distinguished between hardship and impossibility. It held that adverse weather conditions and logistical challenges, though inconvenient, did not render performance impossible. Commercial Risks The court emphasized that commercial contracts inherently involve risks. The appellant’s inability to deliver the timber within the agreed timeline was due to manageable risks that did not meet the threshold for frustration. Judgment The Supreme Court ruled in favor of the State of Uttar Pradesh, holding that the doctrine of frustration did not apply. The contract was enforceable, and the penalties imposed for non-performance were valid. Significance of the Case Clarification of Doctrine of Frustration The case reinforced the principle that frustration is applicable only in cases of genuine impossibility, not mere inconvenience or hardship. Accountability in Contracts It highlighted the importance of adhering to contractual obligations and managing risks in commercial agreements. Guidance for Future Disputes The judgment serves as a precedent for interpreting Section 56 of the Indian Contract Act, ensuring that frustration is not misused as an excuse for non-performance. Conclusion The case of Puranlal Sah v. State of UP is a landmark decision that clarified the boundaries of the doctrine of frustration in Indian contract law. It underscores the necessity of distinguishing between impossibility and difficulty, ensuring fairness and accountability in contractual obligations.