IMPORTANT SUPREME COURT JUDGEMENTS
Quick Revision Notes
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FUNDAMENTAL RIGHTS ERA (1950-1967)
1. Romesh Thapar Case (1950)
☞ SC held that freedom of speech and expression includes freedom of propagation of ideas through circulation
☞ Led to 1st CAA, 1951 clarifying public order as grounds for reasonable restrictions
2. AK Gopalan Case (1950)
☞ Challenged Preventive Detention Act as violating Fundamental Rights
☞ SC ruled it can only verify detention as per procedure established by law
☞ SC took a narrow view of Article 21
3. Champakam Dorairajan vs. State of Madras (1951)
☞ Challenged BC reservations of Tamil Nadu
☞ SC ruled caste-based reservations unconstitutional
☞ Led to 1st CAA, 1951
4. Shankari Prasad Case (1951)
☞ Challenged 1st CAA on amenability of FR – Right to Property
☞ SC ruled that Parliament has power to amend FR
5. Berubari vs. Union of India (1960)
☞ SC ruled that Constitutional Amendment is must to cede any Indian territory
☞ Preamble is not a part of the Constitution
☞ Led to 9th CAA, 1960
6. Sajjan Singh Case (1965)
☞ Challenged validity of 17th CAA, 1964 regarding land acquisition contrary to Right to Property
☞ SC ruled that Parliament has power to amend FR
7. Golaknath vs. State of Punjab (1967)
☞ SC ruled that FR cannot be amended under Article 368
☞ Led to 24th CAA, 1971 which amended Articles 13 and 368
☞ Parliament can take away any FR under Article 368, such acts are not laws under Article 13
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BASIC STRUCTURE DOCTRINE ERA (1973-1981)
8. Keshavananda Bharathi Case (1973)
☞ Basic Structure Doctrine was laid down by SC
☞ Parliament can amend FR subject to the basic structure of the Constitution
☞ Preamble is a part of the Constitution
9. Indira Gandhi vs. Raj Narain (1975)
☞ Indira Gandhi appealed against Allahabad HC decision to vacate her MP seat
☞ 39th CAA, 1975 stated no court has jurisdiction over PM’s election disputes
☞ SC invalidated these provisions and ruled that democracy and judicial review are part of basic structure
10. Maneka Gandhi vs. Union of India (1978)
☞ SC overruled AK Gopalan case verdict and mooted Due Process of Law doctrine
☞ Procedure according to law as well as reasonableness and validity of law can be questioned by judiciary
11. Minerva Mills Case (1980)
☞ Strengthened basic structure doctrine
☞ Few illegal provisions of 42nd CAA, 1976 were invalidated
☞ Constitution, not the Parliament is supreme
☞ DPSP and FR are complementary to each other
12. Waman Rao Case (1981)
☞ SC reiterated the Basic Structure doctrine
☞ Drew line of demarcation as April 24th, 1973 (Kesavananda Bharati judgement date)
☞ Should not be applied retrospectively to reopen validity of amendments prior to that date
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JUDICIAL APPOINTMENTS & SOCIAL REFORMS (1982-1998)
13. First Judges Case (1982)
☞ SC opined that consultation in Article 124 does not mean concurrence
☞ It only implies an exchange of views
14. Neeraja Choudhary Case (1984)
☞ SC held that bonded labour demeans Right to Life (Art. 21)
☞ Government must enact suitable policies to immediately eliminate bonded labour practice
15. Shah Bano Case (1985)
☞ SC held that Muslim women have Right to get maintenance from husband when divorced
☞ Although such practice is not followed in Muslim traditional laws
16. Indira Sawhney Case (Mandal Commission Case) (1993)
☞ SC upheld 27% reservation for OBCs in public employment subject to 50% cap
☞ SC mooted Creamy Layer concept to identify advanced groups within BCs
17. Second Judges Case (1993)
☞ SC reversed earlier ruling and changed interpretation of consultation to concurrence
☞ Advice tendered by CJI is binding on President in appointment of SC judges
☞ CJI will tender advice after consulting with two senior-most colleagues
18. Sarala Mugdal Case (1995)
☞ SC ruled that a man married under Hindu law cannot convert to Islam for marrying another woman
19. SR Bommai Case (1995)
☞ SC held that federalism is a part of basic structure of the Constitution
☞ On Article 356 (President’s rule in states)
☞ State govts. cannot be arbitrarily dismissed by Governor
☞ Test of Confidence must be done on the floor of the Assembly
20. LIC of India Case (1995)
☞ SC held that Preamble is integral part of the Constitution
☞ But is not directly enforceable in a court of justice in India
21. Vishakha v. State of Rajasthan (1997)
☞ Establishment of Vishakha Guidelines to handle sexual harassment of women at workplace
☞ Until sufficient legislature is implemented for the purpose
22. Third Judges Case (1998)
☞ Consultation process by CJI requires consultation of plurality judges (Not CJI alone)
☞ CJI should consult a collegium of 4 senior-most judges
☞ Recommendations made without complying with consultation process are not binding on government
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21ST CENTURY LANDMARK JUDGEMENTS (2006-2024)
23. Bihar Assembly Dissolution Case (2006)
☞ SC held that Governor does not enjoy immunity from Judicial Review
☞ Courts can invalidate any malafide actions of the Governor
24. IR Coelho Case (2007)
☞ SC ruled that 9th schedule of the Constitution is subjected to Judicial Review
☞ However, JR applies to laws enacted after 24th April, 1973 when basic structure doctrine was mooted
25. Lily Thomas vs. Union of India (2013)
☞ Any MLA, MLC or MP found guilty of crime with minimum 2-year imprisonment
☞ Would cease to be a member of the House with immediate effect
26. People’s Union of Civil Liberties vs Union of India (NOTA Case) (2013)
☞ This judgement introduced the NOTA (None-Of-The-Above) option for Indian voters
27. National Legal Services Authority (NALSA) Case (2014)
☞ Resulted in the recognition of transgender persons as a third gender
28. Shreya Singhal vs Union of India (2015)
☞ Struck down restrictions on online speech introduced in Section 66A of IT Act, 2000
29. Fourth Judges Case (NJAC Case) (2015)
☞ 99th CAA, 2014 and NJAC Act replaced collegium system with new body NJAC
☞ SC declared both 99th CAA and NJAC Act unconstitutional and void
☞ Consequently, earlier collegium system became operative again
30. Justice K. S. Puttaswamy vs Union of India (2017)
☞ Right to privacy is protected as a fundamental right under Articles 14, 19 and 21
31. Shayara Bano Case (Triple Talaq Case) (2017)
☞ SC outlawed the practice of instant ‘triple talaq’
☞ Which permitted Muslim men to unilaterally end marriages by uttering “talaq” three times
☞ Without making provision for maintenance or alimony
32. Navtej Singh Johar vs Union of India (2018)
☞ SC ruled Section 377 of IPC unconstitutional
☞ Which criminalised consensual sexual conduct between adults of same sex
33. Janhit Abhiyan vs Union of India (EWS Reservation Case) (2022)
☞ Legality of 103rd CAA was upheld
☞ Provides reservation in educational institutes and jobs for economically weaker sections
34. Supriyo vs Union of India (2023)
☞ The right to marry is a statutory right, not a constitutional right
☞ Therefore, only Parliament can recognize marriage between non-heterosexual couples
35. Association for Democratic Reforms vs Union of India (2024)
☞ Struck down the Union’s 2018 Electoral Bonds scheme
☞ SC held scheme violated voters’ right to information under Article 19(1)(a)
☞ Scheme could lead to Quid pro quo situations
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KEY ABBREVIATIONS:
SC – Supreme Court | FR – Fundamental Rights | CAA – Constitutional Amendment Act
DPSP – Directive Principles of State Policy | CJI – Chief Justice of India
OBC – Other Backward Classes | BC – Backward Classes | NJAC – National Judicial Appointments Commission
HC – High Court | MP – Member of Parliament | MLA – Member of Legislative Assembly
MLC – Member of Legislative Council | IPC – Indian Penal Code | IT – Information Technology
= Landmark judgements of exceptional importance
