5 Matching Annotations
  1. Sep 2017
    1. 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.

    2. A law which provides for a deprivation of life or personal liberty under Article 21 mustlay down not just any procedure but a procedure which is fair, just and reasonable.

      Procedure established by law in 21 needs to be fair, just and reasonable

    3. 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

    4. 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.
    5. the requirement of Article 14 that state action must not be arbitrary and must fulfil the requirement of reasonableness