abinash phulkonwar

2023-06-29

Indian Case:

Cases Related to basic structure of constitution:

Landmark CasesOutcomes
Shankari Prasad case-1951Parliament can amend all parts, including FR
Sajjan Singh case 19641 st time, the phrase basic structure was stated in the order of one of the judges
Golaknath case-1967Parliament cannot curtail FR by amending them, SCI said that Amendments under article 368 are ‘law’ under article 13(2) and hence can be struck down if they violate Fundamental rights.
Keshavananda Bharti Case-1973The court held that the Parliament's amending power under Article 368 is not unlimited and cannot alter the Constitution's basic structure, Basic Structure Doctrine. federalism, secularism, democracy, and the protection of fundamental rights are basic structure
Minerva Mills Ltd. v. Union of India (1980)The court, in this case, held that the basic structure doctrine acts as a limitation on the Parliament's power to amend the Constitution. The court struck down certain provisions of the 42nd Constitutional Amendment Act, 1976, as they violated the principles of judicial review and the separation of powers. Both FR's and DPSP's are equally important.
S.R. Bommai v. Union of India (1994)President's Rule should be limited to exceptional circumstances and not be used as a political tool to dismiss duly elected state governments. The judgment emphasized the principles of federalism and secularism as part of the basic structure.

Cases Related to SC Roled:

Landmark CasesOutcomes
Kedarnath Singh Case 1962SC protected freedom of speech by limiting the application of the sedition laws under section 124 A of IPC
Maneka Gandhi v. Union of India-1978establish ‘Due Process’ doctrine of judicial review in India
Puttaswamy v. Union of India - 2017 'Right to Privacy' as FR
Govind v. State of M.P. - 2004'Right to Privacy' as FR
 Indra Sawhney v. Union of India case-1992 creamy layer policy was given

Cases related to Preamble:

Landmark CasesOutcomes
Berubari Case - 1960Preamble is not a part of Constitution 
Kesavananda Bharati casePreamble is part of Constitution but not self-standing and justiciable
Union Government Vs LIC of IndiaPreamble is integral part of Constitution but not self-standing and justiciable

Cases related to FR:

Landmark CasesOutcomes
ADM Jabalpur caseDuring national emergency even Right to Life can be suspend. Considered as a black spot on Indian Judiciary.

Collegium system:

Landmark CasesOutcomes
SP Gupta vs Union of india - 1981
SC advocate on record association vs union of India - 1993Collegium system
Special reference case of 1998

Right to Education:

Landmark CasesOutcomes
Mohini Jain vs State of KarnatakaRight to Education (RTE)