Consti cases

Question 1

The case in which the President to intervene in State governance, including dissolving the Legislative Assembly, when the Assembly fails to function in accordance with the Constitution. Also Article 131 gives supreme court original jurisdiction to adjudicate issues related to states and center

Answer 1

State of Rajasthan v Union of India

Question 2

Principles laid down were consistent with sarkaria commission . Cooperative federalism.
State emergency can be reviewd

Answer 2

SR Bommai V Union of India

Question 3

Limitations by regulation on trade and commerce in Article 301 are valid.

Answer 3

GK krishnan V Tamil Nadu

Question 4

Atiabari case

Answer 4

Doctrine of direct and immediate effect

Question 5

States are certainly free to exercise the power to levy taxes on goods imported but not to the extent that it brings distinction between the imported goods and similar goods manufactured in that state. Discriminatory state tax policy.

Answer 5

State of Mahavir Oil Mills V state of Jammu n kashmir

Question 6

Free in Article 301 , free from taxation, taxes that are not discriminatory in nature are only valid.

Answer 6

Jindal stainless ltd and anr v state of Haryana and ors

Question 7

Principle of territorial nexus and inter state taxation.

Answer 7

Tata iron and steel company v state of bihar

Question 8

Betting and gambling nor trade and commerce hence not a fundamental right.

Answer 8

State of Bombay v RMDC

Question 9

Nature of public and private trust. Public trust exempted from tax.Article 245

Answer 9

State of bihar v charusila dasi

Question 10

Parliament has power to legislate on extra territorial matters, distinction between acts and functions of making laws. Making of law and operation of law.

Answer 10

GVK industries limited V income tax officers

Question 11

Education in exclusive medium. Entry 66 list 1 and entry 11 list 2

Answer 11

Gujarat University v krishna ranganath mudholkar

Question 12

Bengal money lenders act was valid as it was in pith and substance with money lending as it was a subject of provincial legislative list under schedule 7 of government of India act

Answer 12

Prafulla Kumar v state of commerce.

Question 13

The court decided that amplifier did not fall under entry 31 of list I even though the amplifier is an apparatus for broadcasting and communication the legislation in its pith and substance was on state matter and it was not held invalid even if it incidentally encroached upon the subject of broadcasting and communication.

Answer 13

State of Rajsthan v G Chawla

Question 14

As long as in pith and substance, the levy satisfies the character of levy i.e. entertainment , it is wholly immaterial in what name and form it is imposed. Once it is found that there is a nexus between the legislative competence and subject of taxation, the levy is justified and valid

Answer 14

State of Karnataka v drive in enterprises

Question 15

Doctrine of colorable legislation , Article 31A, land reform

Answer 15

KC gajapati narayn deo v state of orrisa

Question 16

Parliament can legislate on matters not explicitly mentioned in union list - residuary power. Distinction between wealth tax and direct property tax. Union laws under residuary powers do not unjustly infringe on state competencies.

Answer 16

Union of India v HS Dhillon

Question 17

Doctrine of repugnancy, when two laws covers the same subject , central law prevails., transporting essential commodity without permit.

Answer 17

Zaverbhai v state of Bombay.

Question 18

Test of doctrine of repugnancy

Answer 18

Direct conflict, exhaustive code and occupied field

Question 19

State can levy surcharge. For repugnancy ,orders to be made in concurrent list , in present case both orders were distinct in union list and state list.

Answer 19

Hoechst pharmaceuticals Ltd v state of Bihar

Question 20

When repugnancy exists, then the state law which is invalid to the extent of it’s inconsistency with union law. Discussed inconsistency.. contract carriages act

Answer 20

Vijay kumar sharma v state of karnataka

Question 21

Point of time when repugnancy arises, SC noted that repuganancy arises in the date of enactment and not when it comes into force

Answer 21

State of kerela v mar appraem kuri co. Ltd

Question 22

SC and High court can review tribunals judgment

Answer 22

L chandra Kumar v Union of india

Question 23

Validity of national tax tribunal act and 42 constitutional amendment- act against basic structure

Answer 23

Madras bar association v Union of india

Question 24

Procedural fairness in death penalty cases

Answer 24

Mohd. Arif v the reg. SC

Question 25

To prevent abuse of power and gross miscarriage of justice SC can re-consider it's judgment in exercise of its inherent power.- curative petition

Answer 25

Rupa ashok hurra v ashok hurra

Question 26

To file curative petition when SC has already given decision . Cannot file writ petition against SC previous decision

Answer 26

Zakarious lakra v Union of india

Question 26

Res judicata will apply on writ petition of Article 32 who h were already heard by HC under Article 226

Answer 26

Daryao v state of UP

Question 27

Is there any limitation to file petition under article 32. And doctrine of laches

Answer 27

Trilokchand motichand v HB Munshi

Question 28

SC empowered to appoint investigating commision under article 32

Answer 28

Bandhua mukti morcha v uoi

Question 29

Power of SC to award compensation

Answer 29

Rudul sah v state of bihar

Question 30

Oleum gas leak, the Taj Mahal case, PIL can be filed under Article 32 and court established the principle of absolute liability.

Answer 30

MC mehta v Union of India

Question 31

The SC emphasized that power to issue ordinance is an emergency measure intended for situations requiring immediate action when the legislature is not in action. Continuous repromulgation is unconstitutional.

Answer 31

DC Wadhwa V State of Bihar

Question 32

When both houses of parliament are not in session then ordinance making power can be delegated to executive , national security ordinance valid.

Answer 32

AK Roy V Union of India

Question 33

Power of ordinance can be judicially reviewd, reissuing ordinance without limit is unconstitutional.

Answer 33

Krishna kumar Singh v state of bihar

Question 34

A case which established essential guidelines for harmonious independence of judiciary and held that HC judges cannot be transferred without their consent.

Answer 34

Union of India v sankalchand himatlal seth

Question 35

Locus standing and PIL, first judges case, chief justice of India does not enjoy primacy of opinion in matters relating to judicial appointment.

Answer 35

SP Gupta V President

Question 36

Second judges case, held that chief justice has primacy of opinion, led to the establishment of collegium system

Answer 36

Supreme court advocate on record association and ors. V uoi. 1993

Question 37

Affirmed 3rd judges case and affirmed appointment by collegium system.

Answer 37

In re special reference no. 1

Question 38

National judicial appointment system as unconstitutional and uphled appointment by collegium system

Answer 38

Supreme court advocate on record association and ors v Union of india 2015

Question 39

Affirmed that CJI has authority to allocate cases to benches

Answer 39

Shanti Bhushan v Supreme Court of India

Question 40

President can make a person as PM even when he is not a member of any of the house , but he has to become member within 6 months of appointment

Answer 40

SP Anand V HP deve gowda

Question 41

If a member is disqualified from contesting election cannot be appointed as chief minister

Answer 41

BR kapur v state of tamil nadu

Question 42

The supreme court ruled that a convicted legislature who carries a sentence of two years and more will automatically be disqualified

Answer 42

Lily thomas v Union of india

Question 43

The supreme court clarified that a legislature will not be disqualified if there conviction is stayed.

Answer 43

Lok prahari v election commission of india

Question 44

A legislature cannot be appointed as a member of he is holding an office of profit which is capable of yeilding pecuniary profits

Answer 44

Jaya Lalitha v Union of india

Question 45

Parliament exempted some offices from offices of profit and SC held that parliament has power to make retrospective laws.

Answer 45

Consumer Education and Research Society v. Union of India & Ors.

Question 46

Court can review legislature exercise of privilege to ensure that they are not used to violate fundamental rights

Answer 46

In re keshav singh

Question 47

SC can review any illegality and irregularity in the exercise of parliamentary privileges

Answer 47

Raja Ram pal v sc

Question 48

Interpreted doctrine of pleasure

Answer 48

BP singhal v UOI

Question 49

Principle of joint responsibility, the judgment affirmed that the president is the nominal head of the state and cannot exercise and cannot exercise the executive functions of the government alone, as the true power lies in the hands of council of ministers

Answer 49

UNR Rao v Indira Gandhi

Question 50

Dismissal at pleasure and dismissal at pleasure but with liability to be dismissed for misconduct. It also established that in cases of dismissal at pleasure the governor or the executive must act in fair and executive manner

Answer 50

Shamsher Singh v state of punjab

Question 51

The governor can grant sanctions to prosecute ministers under article 163(2), doctrine of necessity

Answer 51

MP special police establishment v state of MP

Question 52

The power of the executive to grant pardon is in the hands of executive and it can be judicially reviewed.

Answer 52

Epuru sudhakar v gov of AP