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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
During National emergency whether article 32 is suspended? Give reasons.
The president has the power by order to declare that any of the fundamental rights cannot be enforced in courts.

But it is not necessary that all rights will be suspended by the presidential order and article 20 and 21 cannot be suspended hence these rights can be enforced in courts including under article 32 which specifically deals with enforcement of fundamental rights.

Therefore president cannot suspend article 32 in anycase.

What's your view comment



#Question@CurrentLegalGK
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https://scctimes.com/2970F5Pbd
Personality rights

Rajagopal v. State of Tamil Nadu (the Auto Shankar case),
where the Court recognised an individual’s right to control the commercial use of their identity as part of the fundamental right to privacy under Article 21. It affirmed that privacy includes the β€œright to be let alone”, limiting how personal attributes can be exploited without consent.

Aishwarya rai bachhan 2025 case

John Doe orders have become a critical judicial tool to protect celebrities against online misuse. These ex parte injunctions are issued against unknown infringers, commonly referred to as John Doe or Ashok Kumar, to prevent ongoing or future violations, particularly where the offender’s identity is not yet known. Courts permit such orders under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code, 1908 as an exception to the general rule under Order 7 requiring a named defendant....

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
When Exceptions Swallow The Rule: Problem With Section 479 BNSS https://www.livelaw.in/articles/when-exceptions-swallow-rule-problem-section-479-bnss-307288
⛓️‍πŸ’₯⚑ Very pertinent criticism of sub-section 2 to 439 BNSS | A hidden draconian change

Origin of maximum oeriod for undertrial prisoner in jail.

Section 436-A was a result of the Supreme Court judgment in the case of Hussainara Khatoon v. State of Bihar,2 where the court strongly criticized the judicial system for the prolonged detention of individuals, without trial, declaring that the right to a speedy trial is an essential component of the fundamental rights guaranteed under the Constitution.

Section 439 reduced maximum period to 1/3rd, for first time offenders, but does not apply when there are multiple charges which is a norm in chargesheets.


⚑Making mere registrations of more than one offence as a reason to deny bail defeats the principle of presumption of innocence.

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c1be341bde11f9831e9eafc152ad4ffd586422ac4603d7c243994d45a34254c11760735903.pdf
565.7 KB
UTKAL CONTRACTORS & JOINERY PRIVAIB LTD.
v.
STATE OF ORISSA
1987

How much value to be given to rules of Interpretation by supreme court.

But we think that when we rely upon rules of construction we must always bear in mind Lord Reid's admonition in Maunsell v. Olins (supra) to the following effect:

"Then rules of construction are relied on. They are not rules in the ordinary sense of having some binding force. They are our servants not our masters. They are aids to constructions, presumptions or pointers. Not infrequently one 'rule' points in one direction, another in a different direction. In each case we must look at all relevant circum-stances and decide as a matter of judgment what weight to attach to any particular 'rule'."

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In essence "Rules of Interpretation are not rules of law".

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