SUPREME COURT of INDIA - IMPORTANT CASES
AK Gopalan Case, 1950
The case corresponds to the charges of violation
of fundamental right to freedom under the Preventive Detention Act. The court
was approached over the validity of the act.
The Supreme Court held that the constitutional
validity of a law cannot be verified by the Judiciary and the Judiciary has
only the capacity to verify whether the procedure according to the law has been
followed.
Champakam Dorirajan Case, 1951
The case challenged the reservations given to
backward classes in educational institutions in Tamil Nadu.
The Supreme Court overruled the caste based
reservation as unconstitutional citing right against discrimination as given in
Article-15.
Shankri Prasad Case, 1952
The first constitution Amendment Act, providing
for reservations, was challenged that it violoated Fundamental Rights. The
court held that Parliament has power to amend the Constitution.
Berubari Case, 1960
While ceding a part of Indian Territory to an alien
state the court in an advisory opinion held that such process cannot take place
unless a constitution amendment to that effect is made.
Keshav Singh Case, 1964
One journalist Keshav Singh was held for
contempt of legislature for making scathing criticism and often denigrating on
a law passed. He was sentenced to jail.
The Supreme Court held that the contempt power
of Parliament to issue warrants against individuals must comply with the due
process requirements under Article-21.
Sajjan Singh Case 1965
The case related to the validity of the 17th
Constitutional Amendment Act which provided for land acquisition contrary to
right to property. The Supreme Court upheld that Fundamental rights can be
amended within the purview of Article 368.
Golakhnath Case 1967
The Supreme Court reversing the ruling made in
Shankari Prasad and Sajjan Singh Case held that constitutional amendment cannot be extended to infringement
of fundamental rights.
Keshavananda Bharathi Case 1973
For the first time the Supreme Court propounced
the Basic Structure Doctrine and held that certain basic features of the
Constitution cannot be amended while others can be done so without having a
sweeping change in the Constitution.
Menaka Gandhi Case 1978
The Supreme Court overruled the AK Gopalan Case
and mooted the due process of law doctrine according to which the procedure
according to the law as well as the reasonableness and validity of the law can
be questioned by the Judiciary.
Minerva Mills Case 1980
The Supreme Court held that Fundamental rights
and Directive Principles of State Policy are complementary to each other and if
any law enacted to implement the Directive Principle not totally contravening
the Fundaments rights is valid.
Waman Rao Case 1981
The Supreme Court upheld the basic structure
doctrine and declared that Act 31(b) was well within the purview of amending
powerr of the Parliament.
Neeraja Choudhary Case 1984
The Supreme Court held that bonded labour
demeans the right to Life under Article 21 and Govt must enact the suitable
policies to immediately eliminate bonded labour practice.
Shah Bano Case 1985
The Supreme Court held the muslim women also
have right to get maintenance from their husbands when they are divorced
although such practice is not permitted under muslim traditional laws.
St.Stephen’s College Case 1992
The Supreme Court held at least 50% of seats in
minority institution should be reserved for no-minority students.
Unnikrishnan Case 1993
The Supreme court held that right to education
also constitutes a Fundamental rights as part of right to life under Article
21.
Indira Sawhney Case 1993
The Supreme Court upheld 27% reservation made
for OBCs in public employment but subjected to a cap of 50% of reservation.
The Supreme Court also mooted the Creamy Layer
concept to identify the well off groups within the backward classes.
Salara Mudgal Case 1995
The Supreme Court ruled that a man married under
Hindu religious law cannot convert himself to Islam for the purpose of marrying
another woman.
Bommai Case 1995
The Supreme Court held that federalism is a part
of basic structure and state governments cannot be arbitrary dismissed by a
Governor and any such test of confidence of the Executive must be done on the
floor the Assembly.
Chandra Kumar Case 1997
The Supreme Court held that Judicial Review is a
part of Basic Structure Doctrine.
TMA Pai Case 2002
The Supreme Court held that the right to
administer minority educational institution is not absolute and the State can
regulate the institutional affairs to educational standards.
Inamdhar Case 2005
The Supreme Court declared that the reservations
for Scs/STs in private educational institutional null and void. To overcome
this judgement the Government passed 93rd Constitutional Amendement
in private institution.
Bihar Assembly Dissolution Case 2006
The Supreme court held that the Governor of a
State does not enjoy absolute immiunity from judicial review and the courts can
invalidate ay malio fide actions of the Governor.
Ashok Kumar Thakur Case 2007
The Supreme court upheld that 93rd
Constitutional Amendment act providing for reservations for SC/STs/OBCs in
Central Universities as well as Private institutions but subject to a ceiling
of 50% of total seats for reservation.
Prakash Singh Case
The Supreme Court gave model blueprint for
police reforms.
Visakha Case:
Supreme Court gave direction to curb
exploitation of women to workplace.
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