SC Judgements Flashcards
(24 cards)
AK Gopalan Case 1950
For constitutionality of Preventive Detention under PD Act 1950
SC upheld the Act
RTL under A21 could be curtailed by PEL, even if arbitrary
No prevention against arbitrary legislative actions
Overruled in Menaka Gandhi Case
Maneka Gandhi Case 1978
- SC overruled AK Gopalan Case judgement
- Due process of law > PEL
- prevention against both, arbitrary legislative and executive actions
Vishakha Case 1997
-NGO Vishakha
-Banwari Devi rape
-Sexual harassment at workplace and legislative vacuum for it
- SC laid down Vishakha Guidelines based on which GoI enancted PoSH Act 2013
- Judicial activism
Indra Sawhney Case 1992
Validity of reservation of OBCs under Mandal Commission recommendations
- Upheld 27% reservation for OBC
- excluded creamy layer
- 50% limit on reservation except in extraordinary conditions
Shah Bano Case 1985
Maintenance rights of muslim women under S.125 of CrPC
-Ruled in favour of Shah Bano
-muslim women entitled to maintenance
-GoI enacted Muslim Women (Protection of Rights on Divorce) Act 1986 : diluted the judgement
Shayara Bano Case 2017
Constitutionality of triple talaq under Muslim Personal Law
-Declared triple talaq unconstitutional and void = violated gender equality and FR
- Triple talaq criminal offence
Olga Tellis va BMC 1985
-Eviction of pavement dwellers in Bombay w/o providing alternate housing
-Recognised right to livelihood as an integral part of RTL under A.21
-Eviction w/o rehabilitation violated FRs
-AKA Pavement Dwellers Case
SR Bommai Case 1994
Validity of imposition of President’s Rule under A.356
-Limited the misuse of A356
-Under Judicial Review
-Reduced the imposition of PR drastically post judgement
Navtej Singh Johar Case 2018
Decriminalisation of consensual homosexual acts under S377 of IPC
-Struck down S.377 as unconstitutional
-Violates A.14, 15, 19, and 21
-Affirmed LGBTQ+ rights
Justice Puttaswamy Case 2017
Recognition of right to privacy as a FR under A.21
-Declared privacy a FR under A.21 RTL
-AKA Aadhar Judgement
Nirbhaya Case 2017
Punishment for Nirbhaya Gang rape
-Upheld death penalty for convicts
-Can be given in rarest of rare case
Ram Janmabhoomi- Babri Masjid Case 2019
Title dispute over land in Ayodhya
-Awarded the land to Hindu side for Ram Mandir
-allotted alternate 5 acre plot to Muslim side
Waman Rao Case 1981
IR Coelho Case 2007
Constitutionality of Ninth Schedule and its protection from JR
-Upheld basic structure doctrine: JR
-Laws added to 9 Schedule after Kesavananda Bharti Case judgement 24 April 1973 open to JR
Lily Thomas Case 2013
Automatic disqualification of convicted legislator
-Struck down S.8(4) of Rep of People Act 1951 ensuring immediate disqualification upon conviction with imprisonment of 2+ years — now, do not wait for appeal, unless stayed by upper court
Golaknath Case 1967
Parliament’s power to amend CoI under A.368
-Can’t amend FRs — overruled in KBC
-FR > DPSP
-After this, 25 CAA 1971 :
A.31C : A. 39(b) and (c) > A. 14 and 19
Sarla Mudgal Case 1995
Bigamy in Hindu men under guise of conversion to Islam
-Declared such marriages invalid under Hindu Marriage Act
-Advocated for UCC
Aruna Shanbaug Case 2011
Legalisation of passive euthanasia
- Allowed passive euthanasia under strict guidelines
-Recognised Right to Die with Dignity under A.21 RTL
Common Cause Case 2018
Recognition of living wills and passive euthanasia
-Upheld the right to die with dignity
-Provided legal validity to living wills
Living wills: let me die under extreme conditions
ADM Jabalpur vs Shivkant Shukla Case 1976
Suspension of habeas corpus during emergency
-Upheld the suspension — widely criticised
-overturned by 44 CAA: A.20, 21 inviolable: can’t be violated even during emergency, internal or external
Nandini Sundar vs So CG 2011
Legality of arming civilians (Salwa Judum) in anti-Maoist operations
-Declared the practice unconstitutional
-Maintaining law and order duty of State, not citizens
Union Carbide corporation Case 1989
Compensation for Bhopal Gas Tragedy victims
- Absolute liability: parent foreign company of subsidiary in India also liable
- $470 M settlement: criticised for being very low
Hussainara Khatoon Case 1979
Rights of undertrial prisoners
-Declared right to speedy trial as part of RTL A.21
-Led to reforms in criminal justice system
Bandhua Mukti Morcha Case 1984
Bonded labour and enforcement of labour laws
-Take steps to eradicate bonded labour
-
State of TN vs L Abu Kavur Bai Case 1983
Against Nationalisation of transport services by TN govt
-SC upheld constitutional under A.39(b) and (c)
-State can monopolise services to achieve socio-economic welfare goals
-Nationalisation aimed at public welfare legitimate
-Reasonable restriction on Right to Profession in A.19 valid
