2016 SCC Vol. 7 August 21, 2016 Part 3

scccover 21.08

Constitution of India — Art. 32 — Droughts — 2015-2016 Drought in India: As one-third population   of the country, that is, about 33 crore people have been affected in 10 drought declared States, directions issued for effective implementation of social security legislations. Secretary, Department of Agriculture and Farmers’ Welfare, Government of India directed to hold meeting with stated authorities and all State Governments also directed to provide necessary information to Secretary and seriously consider implementation of measures suggested in the petition for alleviating problems of drought-affected population. [Swaraj Abhiyan v. Union of India, (2016) 7 SCC 498]

Constitution of India — Arts. 19(1)(g) & (6), 26 and 30 — Right to freedom of “occupation” of private unaided minority and non-minority educational institutions under: when there can be regulators which can fix the charges for telecom companies in respect of various services that such companies provide to the consumers; when regulators can fix the premium and other charges which the insurance companies are supposed to receive from the persons who are insured, when regulators can fix the rates at which the producer of electricity is to supply the electricity to the distributors, there is no reason why there cannot be a regulatory mechanism when it comes to education which is not treated as a purely economic activity but a welfare activity aimed at achieving a more egalitarian and prosperous society by empowering the people of this country by educating them. In the field of education, therefore, this constitutional goal remains pivotal which makes it distinct and special in contradistinction with other economic activities as the purpose of education is to bring about social transformation and thereby a better society as it aims at creating better human resource which would contribute to the socio-economic and political upliftment of the nation. The concept of welfare of the society would apply more vigorously in the field of education. Moreover, the State is supposed to invest in education up to a point where the socio-economic returns to education equal to those from other State expenditures, whereas the individual is guided in his decision to pay for a type of education by the possibility of returns accruable to him. All these considerations make out a case for setting up of a stable regulatory mechanism. [Modern Dental College & Research Centre v. State of M.P., (2016) 7 SCC 353]

Constitution of India — Arts. 19(1)(g), 19(6), 21, 25, 26(a), 29 & 30 and Sch. VII List I Entry 66 and List III Entries 25 and 26: NEET restored by judgment dt. 11-4-2016 in Christian Medical College, Vellore, (2016) 4 SCC 342. Authorities directed to hold NEET Examination for admission to MBBS and BDS courses for the academic year 2016-2017. Various consequential directions passed for holding of NEET Examination. [Sankalp Charitable Trust v. Union of India, (2016) 7 SCC 487]

Constitution of India — Arts. 21, 14, 145(3), 137 and 32 — Criminalisation of homosexuality under S. 377 IPC and maintainability of curative petitions against dismissal of writ petitions challenging the same in Suresh Kumar Koushal, (2014) 1 SCC 1 and review petitions thereagainst in Naz Foundation (India) Trust, (2014) 3 SCC 220: Without going into merits, held, since the issues sought to be raised are of considerable importance and public interest and since some of the issues have constitutional dimensions including whether the curative petitions qualify for consideration of Supreme Court in the light of the judgment in Rupa Ashok Hurra, (2002) 4 SCC 388, it will be more appropriate if these petitions are placed before a Constitution Bench. [Naz Foundation Trust v. Suresh Kumar Koushal, (2016) 7 SCC 485]


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