🔰 NALSA v. Union of India (2014) 🔰

Citation: (2014) 5 SCC 438

https://youtube.com/c/LAWEXPLORER

🕯 Background

National Legal Services Authority (NALSA) filed a petition seeking recognition of transgender persons’ rights.

Petitioners argued that transgender individuals face discrimination, lack of legal recognition and violation of dignity.

https://youtube.com/c/LAWEXPLORER

🕯 Issues

Whether transgender persons have a right to self-identification of gender.

Whether discrimination against transgender persons violates Articles 14, 15, 16 and 21.

https://youtube.com/c/LAWEXPLORER

🕯 Judgment

Supreme Court unanimously held:

⚖️ Transgender persons have the right to self-identify their gender.

⚖️ They are entitled to fundamental rights under the Constitution, including equality, non-discrimination and dignity.

⚖️ Directed central and state governments to:

Provide legal recognition and welfare schemes.

Ensure equal access to education, employment and healthcare.

https://youtube.com/c/LAWEXPLORER

🕯 Significance

Landmark for transgender rights in India.

Affirmed constitutional morality, inclusivity and protection of marginalized groups.

Preceded and influenced the reasoning in Navtej Singh Johar (2018) regarding sexual orientation.

🔰 Marbury v. Madison (1803) – U.S. Case 🔰

(Global constitutional landmark, often cited in India for judicial review concept)

https://youtube.com/c/LAWEXPLORER

💡 Background

William Marbury petitioned the U.S. Supreme Court for a writ of mandamus to compel delivery of his commission as justice of peace.

The question was whether the Supreme Court had authority to issue the writ.

https://youtube.com/c/LAWEXPLORER

💡 Issues

Can the Supreme Court declare an act of Congress unconstitutional?

Scope of judicial review in protecting rights.

https://youtube.com/c/LAWEXPLORER

💡 Judgment

Chief Justice John Marshall held that:

⚖️ The Supreme Court has judicial review power to strike down laws violating the Constitution.

⚖️ The law (Section of Judiciary Act 1789) that gave the Court power to issue writs was unconstitutional.

https://youtube.com/c/LAWEXPLORER

💡 Significance

Established the principle of judicial review.

Ensures Constitutional supremacy over legislative acts.

Inspired Indian Supreme Court jurisprudence on basic structure and judicial review (Kesavananda Bharati, 1973).

🔰 Donoghue v. Stevenson (1932) – UK Case 🔰

https://youtube.com/c/LAWEXPLORER

🔋 Background

Mrs. Donoghue drank ginger beer containing a decomposed snail.

She suffered illness and sued the manufacturer for negligence.

https://youtube.com/c/LAWEXPLORER

🔋 Issues

Whether manufacturers owe a duty of care to ultimate consumers.

https://youtube.com/c/LAWEXPLORER

🔋 Judgment

Lord Atkin established the “neighbour principle”:

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely injure your neighbour.

https://youtube.com/c/LAWEXPLORER

🔋 Significance

Foundation of modern tort law in negligence.

Duty of care principle influenced Indian tort law (e.g., M.C. Mehta cases on public safety).