Landmark judgment from Apex Court which struck down Sec 497 IPC as ultravires with Articles 14, 21 of Constitution of India.
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Tag: Law or Provision is Alleged as Unconstitutional
Dr.Subramanian Swamy Vs Director CBI and Anr on 6 May, 1997
Mr Subramanian Swamy got this section 6A of CBI’s DSPE Act (Delhi Special Police Establishment Act, 1946) struck down as it was ultra vires to Article 14 of Constitution of India.
Shreya Singhal Vs U.O.I on 24 March, 2015
In this landmark case, Hon’ble Supreme Court has struck down the following laws as being violative of Constitutional rights of Citizens.
- Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2).
- Section 79 is valid subject to Section 79(3)(b) being read down to mean that an intermediary upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) are going to be committed then fails to expeditiously remove or disable access to such material. Similarly, the Information Technology “Intermediary Guidelines” Rules, 2011 are valid subject to Rule 3 sub-rule (4) being read down in the same manner as indicated in the judgment.
- Section 118(d) of the Kerala Police Act is struck down being violative of Article 19(1)(a) and not saved by Article 19(2).
Citation: [(2015) 5 SCC 1], [2015 COMPLJ SC 2 143], [2015 SCC ONLINE SC 248], [2015 AIR SC 1523], [2015 DLT 218 370], [2015 KLJ 2 292], [2015 KERLT 2 1], [2015 KLT 2 1]
Other Sources : https://indiankanoon.org/doc/110813550/
https://www.casemine.com/judgement/in/5790b244e561097e45a4e264
