Author: Mukesh Kumar Suman

The Supreme Court in Shantistar Builders Vs Narayan Khimalal Totame (1990)1SCC520  held that right to reasonable residence is included in right to life under Article 21.

The Supreme Court held in Miss Mohini Jain Vs. State of Karnataka (1992) 3 SCR 658  that right to education flows directly from right to life under Article 21 of the Constitution. The right to life and the dignity of an individual cannot be assured unless it is accompanied by the right to education.

The Supreme Court in K C Gajapati Narayan Deo Vs. State of Orissa (1954) 1 SCR 1 held that the idea conveyed by “colorable legislation”  is that although apparently a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality, it transgressed these powers, the transgression being veiled by what appears on proper examination, to be a mere pretense or disguise.

The Supreme Court in AIIMS Students Union Vs AIIMS (2001) Supp 2 SCR 79 held that Fundamental Duties, though not enforceable by a writ of the court, yet provide a valuable guide and aid to interpretation of constitutional and legal issues.