Constitutional Law

'We Are Living In Era Of Article 21': Jharkhand High Court Questions Detention Of Woman After Acquittal
The Jharkhand HC has held that the liberty of a person cannot be taken away without authority of law and questioned the continued custody of a woman despite her acquittal in a criminal case.A Division Bench of Justice Sujit Narayan Prasad and Justice Akhil Kumar was hearing a writ petition under Article 226 of the Constitution seeking production of Rina Devi before the Court for judicial scrutiny of the legality and continuance of her detention.The petition was filed by a social worker dealing...

'Signature Variations Alone Cannot Establish OMR Tampering': Patna High Court Dismisses NEET Aspirants' Pleas
The Patna HC has held that mere dissimilarity between signatures appearing on a candidate's admit card and OMR answer sheet cannot, by itself, establish that the OMR sheet was tampered with or swapped, particularly where the examination authority produces the original OMR records and there is no convincing evidence of manipulation.A Single Judge Bench of Justice Harish Kumar was hearing petitions under Article 226 of the Constitution filed by NEET-UG 2026 aspirants challenging the marks and OMR...

Kerala High Court Grants Relief To Headmistress Denied Entry For Wearing Churidar Instead Of Saree, Says 'Dress Choice A Fundamental Right'
The Kerala High Court recently ordered police protection after the manager of a school obstructed the headmistress' entry for wearing churidar instead of saree. [2026 LiveLaw (Ker) 560]Justice P.V. Kunhikrishnan also declared that a citizen's choice of attire is a part of fundamental right: “What dress one wears is ordinarily a matter of personal choice of every citizen of this country. No...

Special TET For In-Service Teachers Doesn't Confer Preference In Future Recruitment, Doesn't Violate Articles 14, 16: Allahabad High Court
The Allahabad High Court has held that the decision of the State of Uttar Pradesh to conduct a Special Teacher Eligibility Test (TET) for in-service teachers does not violate Articles 14 and 16 of the Constitution of India. The Court held that the special examination only enables such teachers to acquire the qualification which the Supreme Court has declared mandatory for them, and confers...

PITNDPS Act | Detenu Must Be Specifically Informed Of Right To Represent To Detaining Authority: Allahabad High Court
The Allahabad High Court has held that a person detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act) must be specifically informed of his right to make a representation to the detaining authority.The Court held that merely informing a detenu of his right to make a representation to the State Government is insufficient, even where the same officer passed the detention order while acting in a different capacity. A Bench of Justice Atul...

'Fruit Of Poisonous Tree': Subsequent Arrest, Remand Cannot Cure Illegal Detention, Holds Allahabad High Court; Awards ₹30K Compensation
Applying the 'Fruit of the Poisonous Tree' doctrine in the context of constitutional protections under Articles 21 and 22, the Allahabad High Court has held that a subsequent formal arrest and remand cannot legitimize an earlier illegal detention.A Bench of Justice Atul Sreedharan and Justice Achal Sachdev held that where the initial detention of a person is unlawful, a subsequent arrest, even if otherwise supported by valid grounds, and the remand proceedings flowing from it would also stand...

Mere Entry Of Produce From Outside State For Processing Without Sale In Market Area Cannot Attract Development Cess: Uttarakhand High Court
The Uttarakhand High Court has held that mere bringing of agricultural produce from outside the State into a market area for manufacture or further processing, without any sale or purchase within the market area, cannot attract development cess. The Court held that the first proviso to Section 27(c)(v) of the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011...

Kerala High Court Directs Payyanur Muncipality To Demarcate Space For Street Vendors To Avoid Footpath Encroachment
Footpaths are for pedestrians, but can't overlook poor street vendors who work under the hot sun or in rains, Court said.

Kerala High Court Directs Customized Police Clearance Certificate With Details On Pending Criminal Cases To Rapper Vedan To Perform Abroad
The Kerala High Court recently directed the Regional Passport Officer, Ernakulam to issue a customized Police Clearance Certificate (PCC) to Malayalam rapper Vedan to enable him to perform abroad. [2026 LiveLaw (Ker) 546]Justice Murali Purushothaman was considering a writ petition filed by Vedan, officially known as Hirandas, who sought a Police Clearance Certificate after he was invited...

Article 22(1) | Initial Arrest/Remand Can Be Challenged Only Till S. 167 CrPC Stage; Not After Charges Are Framed: Allahabad High Court
The Allahabad High Court has held that a challenge alleging violation of Fundamental Right under Article 22(1) of the Constitution (non-communication of grounds of arrest) in relation to the initial arrest and remand can only be raised during the stage governed by Section 167 CrPC, and not at a subsequent stage after charges have been framed.A bench of Justice Manish Mathur made this...

Second Arrest Of Accused Already In Custody In Another Case Is Fresh Arrest; Its Grounds Must Be Communicated: Allahabad High Court
HC said that the grounds for such arrest must be communicated to the accused in accordance with Article 22(1) of the Constitution of India.

Railway Can't Deny Electricity Connection Citing Private Land When It Alone Can Supply Power: Allahabad High Court
The Allahabad High Court has held that the Railway Administration cannot refuse an electricity connection on the ground that the premises stand on private land, where the site lies in the midst of Railway property and the Railway alone is in a position to supply electricity. It held that access to electricity is a fundamental right under Article 21 of the Constitution of India, and that...
