Professional Documents
Culture Documents
This is a bizarre one. Ram Bahadur Thapa was the servant of one
J.B. Chatterjee of Chatterjee Bros. firm in Calcutta. They had come to Rasogovi
ndpur, a village in Balasore district in Orissa to purchase aeroscrap from an ab
andoned aerodrome outside the village. Because it was abandoned, the locals beli
eved it was haunted. This piqued the curiosity of Chatterjee who wanted to "see
the ghosts". At night, as they were making their way to the aerodrome they saw
a flickering light within the premises which, due to the strong wind, seemed to
Now. . 1960.
Now. . 1961.
Now. . 1963.
Now. . 1964.
islature in 1964.
Now. . 1965.
Now. . 1967
Berubari Union.
O Steam Navigation Company case
Sea Customs Act in 1963.
Keshav Singh s case relating to the privileges of the Leg
Kasturilal case.
Golaknath Vs. the state of Punjab...........
In that case, the Supreme Court ruled that the Parliament cannot take away or a
bridge any of the Fundamental Rights, which are sacrosanct in nature. In other wo
rds, the Court held that the Fundamental Rights cannot be amended for the implem
entation of the Directive Principles.
The Parliament reacted to the Supreme Court s judgement in the Gol
aknath Case (1967.) by enacting the 24th Amendment Act (1971.) and the 25th Amen
dment Act (1971.) . The 24th Amendment Act declared that the Parliament has the
power to abridge or take away any of the Fundamental Rights by enacting Constit
utional Amendment Acts. The 25th Amendment Act inserted a new Article 31C which
contained the following two provisions:............
No law which seeks to implement the socialistic Directive Principles specified
in Article 39 (b.) 22 and (c.) 23 shall be void on the ground of contravention
of the Fundamental Rights conferred by Article 14 (equality before law and equ
al protection of laws.) , Article 19 (protection of six rights in respect of
speech, assembly, movement, etc.) or Article 31 (right to property.)
In a land mark judgment Supreme Court made it clear that no cons
titutional amendments can be made on the part 3 of the constitution and there b
y fundamental rights cannot be abridged by the legislature. By this pronouncemen
t the Supreme Court has retraced its own judgment in Shankari Prasad case and Sa
jjan Singh vs. state of Rajasthan case that the fundamental rights can be amend
ed.
To remove the difficulties in the process the government in the
24th amendment amended article 368 empowering the legislature the power to amend
the constitution.............
Now. . 1970
Now. . 1970
In Cooper case............
Now. . 1972
Originally, only those civil cases that involved a sum o
f `20,000 could be appealed before the
Supreme Court. But this monetary limit was removed by the 30th C
onstitutional Amendment Act of
Now. . 1973
It was on April 24, 1973, that
Ref.. the Supreme Court first propounded the doctrine of
basic structu
re or basic features ............
Now. . 1995
Now. . 1973
If there's one reason India can still call itself 'the world's l
argest democracy', it is this case. Swami Kesavananda Bharti ran a Hindu Mutt in
Edneer village in Kerala but the state wanted to appropriate the land. Bharti,
who was consulted by noted jurist Nanabhoy Palhkivala, filed a petition claiming
that a religious institution had the right to run its business without governme
nt interference. The State invoked Article 31 which states "no person shall be d
eprived of his property save by authority of law." A bench of 13 judges delib
erated on the facts of the case and through a narrow 7-6 majority, formulated t
he Basic Structure Doctrine, which puts some restrictions to how much the Parlia
ment can amend the Constitutional laws. In many ways, the judgement here is cons
idered to be a big middle finger to the then Central government under Indira Gan
dhi. Soon after, the emergency followed.
In this landmark judgment Supreme Court first kicked the Hornet s
nest in the name of the basic structure of constitution. In this case the Gola
knath case was over ruled and parliament regained the power of amending but Sup
reme Court explicitly said that the legislature by virtue of the amending power
cannot change the basic structure of the constitution. But what constitutes th
e basic structure was not specified. To remove the constitutional hurdles in an
amendment the government inserted clause 4 and 5 in the article 368 which mentio
ns that limited power of amendment is a basic structure of constitution.
Now. . 1972
Now. . 1973
Now. . 1974
Now. . 1975
Lal Bihari, was born in 1955; was dead through 1975 to 1994, and
since then he has been an activist. Yes, you read that right. His
uncle had bribed government of ficials to declare him dead so as
to inherit their ancenstral land, and so, as per of ficial records, Mr Lal Biha
ri was registered as 'deceased'. Once he realized what had happened, he started
his struggle against the Indian bureaucracy to prove that he was alive. In the m
eantime, he performed his mock funeral, asked for widow's compensation for his w
ife, stood in the election against Rajiv Gandhi in 1989 and even added a 'Mritak
' to his name. As of now, he heads an organization that tries to handle similar
identity cases for people who have been of ficially declared dead but are actua
lly still alive.............
Now. . 1976
Now. . 1978
But, in Menaka case12 (1978), the Supreme Court overrule
d its judgement in the Gopalan
Now. . 1980
Minerva Mills case However, the Supreme Court in the Mine
rva Mills case (1980) invalidated this provision as it
excluded judicial review which is a basic feature of the Constitu
tion. Applying the doctrine of
basic structure with respect to Article 368, the court held that:
the 42nd Amendment Act accorded the
position of legal primacy and supremacy to the Directive Princi
ples over the Fundamental Rights
conferred by Articles 14, 19 and 31. However, this extension was
declared as unconstitutional and
invalid by the Supreme Court in the Minerva Mills case25 (1980).
It means that the Directive
Principles were once again made subordinate to the Fundamental R
ights. But the Fundamental Rights
conferred by Article 14 and Article 19 were accepted as subordin
ate to the Directive Principles
specified in Article 39 (b) and (c). Further, Article 31 (right
to property) was abolished by the 44th
Amendment Act (1978).
In the Minerva Mills case12 (1980), the Supreme Court held that t
he Indian Constitution is founded
on the bedrock of the balance between the Fundamental Rights an
d the Directive Principes.
in the Minerva Mills case, (1980), the Supreme Court held that t
he proclamation of a
national emergency can be challenged in a court on the ground of
malafide or that the declaration was
based on wholly extraneous and irrelevant facts or is absurd or
perverse.
Minnerva Mills vs. the union of India and other states
In this case the Supreme Court over ruled that amending power is
a basic structure of constitution.
By this time the legislative and the judiciary in India were at
loggerheads.
Now. . 1982
Now. . 1985.
62-year old mother of five, Shah Bano Begum was divorced by her
husband, Mohd. Ahmed Khan. She filed a criminal suit against him in the Supreme
Court and claimed alimony, which was then granted to her. But then the Islamic
orthodoxy protested the judgement claiming the practice of granting alimony as
anti-Islamic. The Congress government, which was in power back then, succumbed t
o the pressure and passed the Muslim Women (Protection of Rights on Divorce) Ac
t, 1986 which diluted the Supreme Court judgement and further denied destitute M
uslim divorcees the right to alimony from their ex-husbands. This case is regula
rly mentioned during talks about 'Uniform Civil Code' in the country.
Now. . 1987.
D C Wadhwa case............
Now. . 1992
The president sought the Supreme Court s opinion (under Article 143) on certain d
oubts over the consultation process to be adopted by the chief justice of India
as stipulated in the 1993 case.............
Now. . 1993
.....
Now. . 1994
In Bommai case16 (1994), the Supreme Court laid down tha
t the Constitution is federal and
characterised federalism as its basic feature . It observed: The fac
t that under the scheme of our
Constitution, greater power is conferred upon the Centre vis-a-v
is the states does not mean that the
states are mere appendages of the Centre. The states have an in
dependent constitutional existence.
They are not satellites or agents of the Centre. Within the sph
ere allotted to them, the states are
supreme. The fact that during emergency and in certain other eve
ntualities their powers are
overridden or invaded by the Centre is not destructive of the e
ssential federal feature of the
Constitution. They are exceptions and the exceptions are not a r
ule. Let it be said that the federalism
in the Indian Constitution is not a matter of administrative co
nvenience, but one of principle the
outcome of our own process and a recognition of the ground real
ities .
In fact, the federalism in India represents a compromise between
the following two conflicting
considerations.. . But, the court did not uphold the validity of
the
imposition of the President s Rule in Nagaland in 1988, Karnataka
in 1989 and Meghalaya in 1991.
Dr B R Ambedkar, while replying to the critics of this provisio
n in the Constituent Assembly, hoped
that the drastic power conferred by Article 356 would remain a de
ad-letter and would be used only
as a measure of last resort. He observed............
Now. . 1994.
Now. . 1995.
the Supreme Court again held that the Preamble is an integral part
of the Constitution.REFER 1973............
Now. . 1997.
the Supreme Court ruled that the writ jurisdiction of both the
high court and the Supreme Court constitute a part of the basic
structure of the Constitution. Hence, it cannot be ousted or ex
cluded even by way of an amendment to the Constitution.
-Now. . 1997
Before the Vishakha Guidelines came in, the workplace was danger
ous for many women especially in case of sexual harassment. In 1992, Bhanwari D
evi was gang-raped by upper caste men in her village because she tried to raise
her voice against child-marriage. Due to gross negligence, the vaginal swabs col
lected from her body were taken 48 hours after the incident. Ideally, it should
be done so within 24 hours. Shockingly, the judge presiding over her case (this
was the seventh judge after six others were removed) acquitted the accused, even
going so far to say, "Since the of fenders were upper-caste men and included a
brahmin, the rape could not have taken place because Bhanwari was from a lower c
aste." Following the outrage over this acquittal, Vishakha and some other women'
s groups filed a PIL against the State of Rajasthan and the Union of India, fo
rcing the latter to adopt the Vishakha Guidelines which now protects working wom
en all over the country.
Now. . 1998
In the Third Judges case (1998), the Supreme Court opine
d that in case of the appointment of high court judges,
the chief justice of India should consult a collegium of two s
enior-most judges of the Supreme Court.
accounts
Salwa Judum: A state-sponsored guerilla army that also allegedly
engaged children in combat, was declared illegal and unconstitutional
Experiments in the classroom: The Right to Education case dealt
with radically changing the composition of children in schools
Land acquisition in UP: The Uttar Pradesh land acquisition cases
saw a strong statement from the court, which deemed those acquisitions in which
the government took land for one purpose and used it for another
Right to Food: The decade-old Right to Food case saw the court f
ace of f against the government and the Planning Commission multiple times on wh
ere to draw the poverty line, and how to divide food subsidies between the Centr
e and the states
2012
2G spectrum case verdict and the mandatory auctioning of natura
l resources across all sectors
in 2012.
-2012 The Nirbhaya Case (2012) What: 4 out of 5 rape accused received
the death sentence and as a result of this case the rape law was amended to gob
eyond penile-vaginal intercourse. The new definition penalizes penetration of a
ny orifice of the woman with any part of the man s body or with any object.
-2013 Lily Thomas vs Union of India (2013)
What: Any Member of Parliament (MP), Member of the Legislative
Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a
crime with more than two year sentence, will be disqualified as an elected repr
esentative on the date of conviction.
-2013 Curbing the sale of Acid . What: The court said that acid should
be sold only to people who show a valid identity card. Buyers will also have exp
lain why they need the chemical and sales will have to be reported to the police
.
-2013 Cheap cancer drugs What: The Supreme Court rejected a patent plea
by Swiss drugmaker Novartis AG for cancer drug Glivec, boosting the case for ch
eaper drugs for life-threatening diseases.
-2013 Social Media.. What: In view of public outrage over people bein
g arrested for making comments or liking posts on Facebook, Centre had on Januar
y 9 issued advisory to all states and UTs asking them not to arrest a person in
such cases without prior approval of a senior police of ficer.
-2013 Re-opening dance bars What: The Supreme Court on July 16 gave its
go-ahead to the reopening of Dance Bars in the maximum city and elsewhere in t
he state.
-2013 NOTA (2013) What: Right to negative vote. Case Speak: On October
14, the Supreme Court recognised the right to negative vote for the electorate
in the country. The voters will now have a None of the Above option if they don t f
eel that the candidates deserve a vote. Negative voting will lead to systemic cha
nge in polls and political parties will be forced to project clean candidates. I
f the right to vote is a statutory right, then the right to reject candidate is
a fundamental right of speech and expression under Constitution, the court said.
2013
Section 377 (2013) What: Criminalisation of unnatural sex which i
ncludes gay sex, sex with animals, sex with minors and fellatio.
2014
5. NALSA vs Union of India (2014)
This is the landmark decision by the Supreme Court of India whi
ch declared that Transgendered People were the 'third gender' and that they had
equal rights as any other gender. The petitioner in this case was the National L
egal Services Authority (NALSA).