Constitutional Law

Surrogacy | Kerala High Court Rejects Couple's Plea To Use Frozen Embryos After Husband Crossed 55-Year Age Limit
The Kerala High Court, in a recent decision, has upheld the constitutional validity of the age limits imposed by the Surrogacy (Regulation) Act, 2021 on intending couples seeking surrogacy services. [2026 LiveLaw (Ker) 494]The Division Bench of Justice K. Natarajan and Justice Johnson John dismissed an appeal filed by an intending couple challenging the Single Bench's dismissal of their...

Bombay High Court Quashes Govt Resolution Reducing Age Limit For Anganwadi Sevikas' Promotion To Supervisor; Restores 55-Yr Limit
The Bombay High Court has quashed a Government Resolution reducing the maximum permissible age for promotion of Anganwadi Sevikas to Supervisor from 55 years to 50 years. The Court held that legitimate expectation arose from the Government Resolution dated 17 November 2001 and corrigendum dated 7 December 2001, under which Anganwadi Sevikas up to 55 years were eligible for promotion.A...

Supreme Court Upholds Asst Professor's Appointment Despite Doubts Over PhD, Orders University Probe
The Court refused to interfere with the appointment on the ground that PhD was not a mandatory qualification for the post.

Even Genuine Parental Concern Cannot Override Major Individual's Right To Choose Life Partner: Allahabad High Court
The Allahabad High Court has held that even genuine parental concern cannot override the constitutionally protected autonomy of a major individual to choose a life partner.The Court added that the right to choose one's partner is a facet of personal liberty and dignity guaranteed under Article 21 of the Constitution.A bench of Justice Sandeep Jain made the observation while allowing a...

Madras High Court Directs Nurses Council To Record Transgender Man As 'Male' In All Records
Right to construct one's own identity is part of right to privacy, Court held.

Excluding Legally Unavailable Posts From Ongoing Recruitment Doesn't Amount To Changing “Rules Of Game” Midway: Allahabad High Court
The Allahabad High Court has held that withdrawing vacancies from a running recruitment, because those posts could not lawfully be filled under the rules named in the advertisement, does not amount to altering the “rules of the game” midway. It held that correcting the vacancy position is different in kind from changing eligibility or selection criteria. It held that only the latter is...

Can't Direct Equal Recitation Of Tamil Hymns Alongside Sanskrit At Meenakshi Temple Consecration In Absence Of Law: Madras High Court
The Madurai Bench of the Madras High Court dismissed pleas seeking permission to perform Velvi Kunda Nigalvugal (sacred fire ritual) and permit recitation of Tamil spiritual hymns on an “equal footing” with Sanskrit during the upcoming Kumbabishegam (consecreation ceremony) at Arulmigu Meenakshi Sundareswarar Temple. [2026 LiveLaw (Mad) 430]Justice C. Saravanan held that a writ court...

'Violation Of Fundamental Rights': Bombay High Court Directs ₹2 Lakh Compensation To Man Detained Without Notice, Grounds Of Arrest
The Nagpur Bench of the Bombay High Court has directed the Maharashtra government to pay Rs. 2 Lakh as compensation to a 26-year-old man who was arrested without being informed of the grounds of arrest or being issued a proper notice. A Division Bench of Justice Urmila Joshi-Phalke and Justice Raj D. Wakode reiterated the well-settled principle that High Courts under Article 226 of...

Allahabad High Court Says State's “NIL” Dues Claim Must Be Tested Against Department's Own Earlier Admission
The Allahabad High Court has held that where the State asserts, on the strength of a fresh verification exercise, that nothing remains outstanding to a contractor, the writ court is not bound to act on that assertion and must itself check the amounts released against the figure the department had earlier admitted to be payable. The bench of Justice Shekhar B. Saraf and Justice Abdhesh...

Preventing SC Person's Temple Entry On Caste Grounds Constitutes 'Untouchability', Perpetrators Can Be Prosecuted: Madras High Court
The Madras High Court recently held that preventing a person from the Scheduled Caste community from entering temples would amount to practicing untouchability and would be violative of fundamental rights guaranteed under Article 17 of the Constitution. [2026 LiveLaw (Mad) 421] Justice Bharatha Chakravarthy held that any person perpetrating such a practice would be liable to be...

Slum Dwellers Have No Fundamental Right To In-Situ Rehabilitation When Alternate Accommodation Is Provided: Bombay High Court
The Bombay High Court has held that slum dwellers cannot insist on in-situ rehabilitation on the land of a developer when permanent alternate accommodation is being offered to them. The Court observed that mere right of rehabilitation cannot be recognized to be equivalent to a right of ownership. A Division Bench of Justice Suman Shyam and Justice Advait M. Sethna was hearing a writ...

Kerala High Court Upholds Constitutionality Of Railways' Power To Remove & Prosecute Intoxicated Persons In Trains, Railway Premises
The Kerala High Court has upheld the constitutional validity of Section 145(a) of the Railways Act, 1989 which empowers the railways to remove intoxicated persons from trains or railway premises as well as to prosecute them. [2026 LiveLaw (Ker) 481]Justice Bechu Kurian Thomas noted that sufficient procedure has been laid down by the Ministry of Railways in its circular dated 14.09.2023 to...
