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    SC Most Important Judgements

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    This document outlines 25 important Supreme Court cases related to fundamental rights and constitutional law in India: 1. A.K. Gopalan Case (1950) narrowly interpreted Article 21 and upheld preventive detention. 2. Kesavananda Bharati Case (1973) defined the basic structure doctrine and limited parliament's ability to amend the constitution. 3. Puttuswamy Case (2017) upheld the fundamental right to privacy. More recent cases include Navtej Singh Johar Case (2018) which decriminalized homosexuality, the Anuradha Bhasin Case (2018) which recognized access to internet as a fundamental right, and the K A Najeeb Case

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    SC Most Important Judgements

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    18 views2 pages
    This document outlines 25 important Supreme Court cases related to fundamental rights and constitutional law in India: 1. A.K. Gopalan Case (1950) narrowly interpreted Article 21 and upheld preventive detention. 2. Kesavananda Bharati Case (1973) defined the basic structure doctrine and limited parliament's ability to amend the constitution. 3. Puttuswamy Case (2017) upheld the fundamental right to privacy. More recent cases include Navtej Singh Johar Case (2018) which decriminalized homosexuality, the Anuradha Bhasin Case (2018) which recognized access to internet as a fundamental right, and the K A Najeeb Case

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    SC MOST IMPORTANT JUDGEMENTS

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    This document outlines 25 important Supreme Court cases related to fundamental rights and constitutional law in India: 1. A.K. Gopalan Case (1950) narrowly interpreted Article 21 and upheld preventive detention. 2. Kesavananda Bharati Case (1973) defined the basic structure doctrine and limited parliament's ability to amend the constitution. 3. Puttuswamy Case (2017) upheld the fundamental right to privacy. More recent cases include Navtej Singh Johar Case (2018) which decriminalized homosexuality, the Anuradha Bhasin Case (2018) which recognized access to internet as a fundamental right, and the K A Najeeb Case

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views2 pages

    SC Most Important Judgements

    Uploaded by

    p
    This document outlines 25 important Supreme Court cases related to fundamental rights and constitutional law in India: 1. A.K. Gopalan Case (1950) narrowly interpreted Article 21 and upheld preventive detention. 2. Kesavananda Bharati Case (1973) defined the basic structure doctrine and limited parliament's ability to amend the constitution. 3. Puttuswamy Case (2017) upheld the fundamental right to privacy. More recent cases include Navtej Singh Johar Case (2018) which decriminalized homosexuality, the Anuradha Bhasin Case (2018) which recognized access to internet as a fundamental right, and the K A Najeeb Case

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    1. A.K.

    Gopalan Case (1950) - No FR violation (Articles 13, 19, 21 and 22) under
    Preventive Detention Act, if the detention was as per the procedure established by
    law. Hence, Article 21 view narrowly.
    2. Shankari Prasad Case (1951) - related to amendability of FR (1st Constitutional
    Amendment Challenge) - SC said Parliament can abridge or take away any of the
    Fundamental Rights under Ar. 368.
    3. Champakam Dorairajan(1951) - Supreme Court ruled that between fundamental
    right and DPSP, fundamental right would prevail. All Fundamental Rights are
    superior over DPSP.
    4. Berubari Union case (1960) - whether the Preamble is part of the Constitution or not.
    Supreme Court specifically opined that Preamble is not a part of the Constitution.
    5. Golaknath case (1967) - Supreme Court ruled that the Parliament cannot take away
    or abridge any of the Fundamental Rights.
    6. Cooper case (1970) - related to ordinance making power of president. Supreme
    Court ruled president satisfaction can be questioned in court on ground of Malafide.
    7. Kesavananda Bharati case (1973) - defined the basic structure of the Constitution.
    Golaknath case overruled and sc said parliament can amend any part of constitution
    but cannot change basic structure of constitution.
    8. Indira Nehru Gandhi v. Raj Narain case (1975) - Supreme Court stuck down
    provision of the 39th Amendment Act (1975) which kept the election disputes
    involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of
    all courts.(as it is against basic structure.)
    9. Maneka Gandhi case (1978) - right to go abroad is a part of the Right to Personal
    Liberty under Article 21. The SC held that it is included in the Right to Personal
    Liberty.
    10. Minerva Mills case (1980) - Supreme Court reiterated that Parliament can amend
    any part of the Constitution but it cannot change the “Basic Structure” of the
    Constitution.
    11. Waman Rao Case (1981) - SC again reiterated the Basic Structure doctrine. It also
    drew a line of demarcation as April 24th, 1973.
    12. Shah Bano Begum case (1985) - SC upheld the right to alimony for a Muslim
    woman.
    13. MC Mehta and Union Of India (1986) - Enlarged the scope and sphere of Article 32
    and Article 21 to incorporate the right to health and pollution free environment.
    14. DC Wadhwa case (1987) - Excessive re promulgation of ordinance with same text
    without any attempt to get it passed by assembly with will amount to violation of
    constitution.
    15. Indra Sawhney and Union of India (1992)- defined creamy layer criteria and uphold
    the execution of the recommendation made by Mandal Commission.
    16. S. R. Bommai case (1994) - curb the misuse of Ar 356.(Centre – State Relation)
    17. Vishaka and State of Rajasthan (1997) - related to sexual harassment on workplace.
    18. I.R Coelho and State of Tamil Nadu, 2007 - if a law is included in the 9th Schedule of
    the Indian Constitution, it can still be examined and confronted in court.
    19. NOTA judgement (2013) - introduced the NOTA (None-Of-The-Above) option for
    Indian voters.
    20. Lily Thomas and Union Of India (2013) - MLA, MLC or MP who was found guilty of a
    crime and given a minimum of 2 year imprisonment would cease to be a member of
    the House with immediate effect.
    21. NALSA, 2014 - recognition of transgender as third gender.
    22. Puttuswamy Case (2017) - upheld right to privacy.
    23. Shayara Bano v. Union of India & Ors. (2017) - Supreme Court ruled that Instant
    Triple talaq or talaq-e-biddat is unconstitutional and illegal. To enforce the Supreme
    Court ruling, the government brought The Muslim Women (Protection of Rights on
    Marriage) Bill, 2017.
    24. Navtej Singh Johar Case, 2018. - Decriminalized homosexuality by striking off part
    of section 377 of IPC.
    25. Anuradha Bhasin Case, 2018 - Access to Internet is a fundamental right.
    26. K A Najeeb Case, 2021 - To Grant Bail in UAPA case, if right to speedy trial is
    violated.

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