Supreme Court of India

People's Union for Civil Liberties v. Union of India and Anr.

Neutral citation

Reported as [2005] 1 S.C.R. 494

Bench Y.K. Sabharwal and D.M. Dharmadhikarl JJ.

Decided 18 January 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion, the appointment of respondent C No.2 as.member of the National Human Rights Commission is declared null and void but it shall not affect the validity of the decisions taken while he was a member of the Commission.

Judgment, page 22

From the headnote

Protection of Human Rights Act, 1993-Section 3(2)(d)-National Human Rights Commission-Members-Eligibility of Police Officer to be appointed as Member-Held: Per Sabharwal, J-Not eligible-Per Dharmadhikari, J ·"' c -Eligible-In view of difference of opinion, matter referred to a larger Bench. One post of Member in the National Human Rights Commission (NHRC) fell vacant. Respondent No.2, retired Director of Central Bureau of Investigation (CBI) was recommended for the post. The appointment was required to be made after obtaining the recommendations of a Committee. When a meeting was fixed, the

Authorities it was built on

1997 Vishaka and Ors. v. State of Rajasthan and Ors. cited by 70

Where later benches applied it

2023 Kaushal Kishor v. State of Uttar Pradesh & Ors. relied on
2019 Union of India v. State of Maharashtra and Ors. relied on
2014 National Legal Services Authority v. Union of India and Others relied on
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2013 Suresh Kumar Koushal and Another v. Naz Foundation and Others mentioned

Of those, 3 relied on · 1 referred to · 1 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.