Jacob Puliyel vs Union of India

Writ Petition (Civil) · 2022 INSC 503Decided 2 May 2022
Writ Petition (Civil) No. 607 of 2021
L. Nageswara Rao · B.R. Gavai

Background

Dr Jacob Puliyel, a paediatrician and former member of India's National Technical Advisory Group on Immunization, filed a public-interest writ petition challenging the government's COVID-19 vaccination programme. He sought disclosure of segregated clinical trial data, minutes of the expert committees that approved the vaccines, data on adverse events following immunisation, and a declaration that vaccine mandates violate citizens' fundamental rights. The Union of India and several states defended the vaccination policy and the restrictions placed on unvaccinated persons as necessary public-health measures during the pandemic.

Decision Breakdown

The Court held that courts generally must defer to expert/executive opinion on scientific and public-health matters, but this does not bar judicial scrutiny for manifest arbitrariness or unreasonableness. It held that bodily integrity and personal autonomy under Article 21 mean no individual can be forcibly vaccinated, and any restriction on personal autonomy must satisfy the three-fold test of legality, legitimate need, and proportionality. On the evidence, the Court found the government's vaccination policy itself was not arbitrary and that clinical trial data, and information about the approval process, had substantially been made public. However, since no data was placed on record showing unvaccinated persons pose materially greater transmission risk than vaccinated persons, the Court found the various vaccine mandates restricting unvaccinated individuals' access to public places, jobs, and services were disproportionate, and it suggested (without a binding mandatory direction) that all authorities review and, where appropriate, withdraw such restrictions. The Court also directed the Union to make adverse-event reporting more accessible and to publish clinical trial results for paediatric vaccines.

Lesson Learnt

Bodily autonomy is constitutionally protected, and vaccination cannot be forced on any individual; while courts will not second-guess genuine scientific/policy judgments, restrictions that curtail personal liberty (such as denying access to public places or livelihoods to the unvaccinated) must be backed by proportionate, evidence-based justification and are open to be reviewed and withdrawn once no longer necessary.

Constitutional LawSupreme Court of India

Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors.

This is an interim order, not a final judgment. The Court recorded the Union of India's proposal to set up a fresh three-member Committee to examine the issue and recommend a regulatory or statutory framework. It directed the Union to constitute the Committee within two weeks, directed the Committee to consult the petitioners, intervenors and other stakeholders and report within two months of its first meeting, and asked the Union to file a compliance affidavit. Citing the separation of powers, the Court declined to decide for itself whether the Code should become law, and listed the matter on 29 January 2027.

Decided 8 Oct 2026Read case
Constitutional LawDelhi High Court

Sirajuddin Qureshi & Ors. vs. Union of India & Ors.

The Court held that a bank's fear that the petitioners might flee, or its unresolved financial claim, cannot by itself justify keeping an LOC alive indefinitely, especially where the petitioners' bail conditions impose no travel curbs and their track record shows no misuse. It quashed the LOCs issued at the banks' instance, while leaving the LOCs issued at CBI's instance to be addressed through an application before the trial court (since those criminal proceedings are still pending there).

Decided 7 Oct 2026Read case
Constitutional LawDelhi High Court

Lawyers Voice vs. Union of India & Ors. and connected matters

The Court dismissed the entire batch, holding that no exceptional circumstance justified registering further FIRs, setting up an independent investigative mechanism, ordering wholesale further investigation into police conduct, issuing blanket evidence-preservation directions, or granting further compensation or rehabilitation directions. It noted that more than six years had passed since the riots, that compensation had largely been disbursed, and that statutory remedies remained available to victims. The Court made clear this was without prejudice to any individual's right to pursue remedies in law, and dismissed the petitions with no order as to costs.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Shayaan Mujeeb vs. State & Ors. and connected matters

The Court dismissed the entire batch of petitions after finding that the allegations about the December 2019 events had already been examined by a competent statutory body and were being investigated under the ordinary criminal law, with related proceedings pending before competent courts. The Court held there was no ground for an independent inquiry mechanism, transfer of investigation, registration of new criminal cases, award of compensation, fresh guidelines, or further consequential directions. It also held that Article 226 of the Constitution is meant for enforcing enforceable legal rights, not for open-ended directions. The petitions were dismissed with no order as to costs, and any individual may still pursue remedies available in law.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI

The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.

Decided 29 Sept 2026Read case
Constitutional LawDelhi High Court

Glenmark Pharmaceuticals Limited & Anr. vs. Union of India & Ors.

Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

Decided 18 Sept 2026Read case