The Supreme Court again reiterated the importance of Articles 21 and 32 in Rudal Shah’s case. The court observed that by limiting the powers conferred in Article 32, it was doing injustice to Article 21, thereby, robbing the people of their right to life and liberty.
A petition under article 32 of the Indian constitution seeking the writ of habeas corpus was filed in the apex court by the applicant, Ayillyath Kuttiari Gopalan, a communist leader. He in his petition stated how he had been detained since December, 1947. At first, he was convicted under ordinary criminal laws and sentenced to imprisonment but later these convictions were revoked by the court.
Case Analysis: Naz Foundation V. Govt. Of NCT Of Delhi 2009 is a very progressive judgement in the Indian judicial history, this case went up to a bench comprising 2 justices of Delhi High Court. This is that famous judgement which interpreted that consensual homosexual sexual intercourse is not a criminal activity and making it a crime violates the fundamental rights of the citizens guaranteed to them by the Constitution of India.
Case analysis of Shankari Prasad v. Union of India. During the last fifteen months of the working of the Constitution, certain difficulties have been brought to light by judicial decisions and pronouncements specially with regards to the chapter on fundamental rights. This was the reason behind legislating the First Constitutional Amendment Act of 1951, which wreaked havoc in the country.