11 Matching Annotations
  1. May 2019
  2. Sep 2017
    1. procedure established by law’ in Article 21 does not connote a formalistic requirement of a mere presence of procedure in enacted law. That expression has been held to signify the content of the procedure and its quality which must be fair, just and reasonable. The mere fact that the law provides for the deprivation of life or personal liberty is not sufficient to conclude its validity and the procedure to be constitutionally valid must be fair, just and reasonable. The quality of reasonableness does not attach only to the content of the procedure which the law prescribes with reference to Article 21 but to the content of the law itself. In other words, the requirement of Article 21 is not fulfilled only by the enactment of fair and reasonable procedure under the law and a law which does so may yet be susceptible to challenge on the ground that its content does notaccord with the requirements of a valid law. The law is open to substantive challenge on the ground that it violates the fundamental right

      Fair, just and reasonable

    2. The theory that the fundamental rights are water-tight compartments was discarded in the judgment of eleven judges of this Court in Cooper
    3. There can be no doubt that in view of the decision of this Court inR.C. Cooperv.Union of India[(1970) 2 SCC 298 : (1971) 1 SCR 512] the minority view must be regarded as correct and the majority view must be held to have been overruled

      Cooper clarifies that minority view in Kharak Singh is the correct view.

    4. Firstly, the fundamental rights emanate from basic notions of liberty and dignity and the enumeration of some facets of liberty as

      Summation of Maneka+Coper position

    5. Secondly, the validity of a law which infringes the fundamental rights has to be tested not with reference to the object of state action but on the basis of its effect on the guarantees of freedom.
    6. the requirement of Article 14 that state action must not be arbitrary and must fulfil the requirement of reasonableness
  3. Feb 2017
  4. Aug 2016
    1. There was a culture then, almost a requirement, that one needed to build platforms and contexts (social or political) to support one’s thesis, and then material practice would follow. These issues were pressing, because by this time I had begun to teach at Cooper Union. I was negotiating between promoting a rigorous painting model and a new context—conversations with students and colleagues about contemporary art issues and institutional critique. So it was a very complicated time for me as an educator, to figure out how to insist on a conversation about painting rigor in relation to contemporary art. I continued to go the way that I needed to with my own work, both protecting it from the institutional framework and furthering my ideas about painting in school and in the studio—it was a tough, amazing time.
  5. Mar 2016
    1. I stick up for people when they're right.

      This may be Trump's main point. He is sticking up for Lewandowski because 'he's right'. A show of loyalty despite the cost - "It would be easier to fire him than sit talking to you about this all night long". The show is political, and appeals to his base.