Sunday 5 February 2017

IMPORTANT CASES OF SUPREME COURT



SUPREME COURT of INDIA - IMPORTANT CASES

AK Gopalan Case, 1950
The case corresponds to the charges of violation of fundamental right to freedom under the Preventive Detention Act. The court was approached over the validity of the act.
The Supreme Court held that the constitutional validity of a law cannot be verified by the Judiciary and the Judiciary has only the capacity to verify whether the procedure according to the law has been followed.

Champakam Dorirajan Case, 1951
The case challenged the reservations given to backward classes in educational institutions in Tamil Nadu.

The Supreme Court overruled the caste based reservation as unconstitutional citing right against discrimination as given in Article-15.

Shankri Prasad Case, 1952
The first constitution Amendment Act, providing for reservations, was challenged that it violoated Fundamental Rights. The court held that Parliament has power to amend the Constitution.

Berubari Case, 1960
While ceding a part of Indian Territory to an alien state the court in an advisory opinion held that such process cannot take place unless a constitution amendment to that effect is made.

Keshav Singh Case, 1964
One journalist Keshav Singh was held for contempt of legislature for making scathing criticism and often denigrating on a law passed. He was sentenced to jail.
The Supreme Court held that the contempt power of Parliament to issue warrants against individuals must comply with the due process requirements under Article-21.

Sajjan Singh Case 1965
The case related to the validity of the 17th Constitutional Amendment Act which provided for land acquisition contrary to right to property. The Supreme Court upheld that Fundamental rights can be amended within the purview of Article 368.

Golakhnath Case 1967
The Supreme Court reversing the ruling made in Shankari Prasad and Sajjan Singh Case held that constitutional  amendment cannot be extended to infringement of fundamental rights.

Keshavananda Bharathi Case 1973
For the first time the Supreme Court propounced the Basic Structure Doctrine and held that certain basic features of the Constitution cannot be amended while others can be done so without having a sweeping change in the Constitution.

Menaka Gandhi Case 1978
The Supreme Court overruled the AK Gopalan Case and mooted the due process of law doctrine according to which the procedure according to the law as well as the reasonableness and validity of the law can be questioned by the Judiciary.

Minerva Mills Case 1980
The Supreme Court held that Fundamental rights and Directive Principles of State Policy are complementary to each other and if any law enacted to implement the Directive Principle not totally contravening the Fundaments rights is valid.

Waman Rao Case 1981
The Supreme Court upheld the basic structure doctrine and declared that Act 31(b) was well within the purview of amending powerr of the Parliament.

Neeraja Choudhary Case 1984
The Supreme Court held that bonded labour demeans the right to Life under Article 21 and Govt must enact the suitable policies to immediately eliminate bonded labour practice.

Shah Bano Case 1985
The Supreme Court held the muslim women also have right to get maintenance from their husbands when they are divorced although such practice is not permitted under muslim traditional laws.

 St.Stephen’s College Case 1992
The Supreme Court held at least 50% of seats in minority institution should be reserved for no-minority students.

Unnikrishnan Case 1993
The Supreme court held that right to education also constitutes a Fundamental rights as part of right to life under Article 21.

Indira Sawhney Case 1993
The Supreme Court upheld 27% reservation made for OBCs in public employment but subjected to a cap of 50% of reservation.
The Supreme Court also mooted the Creamy Layer concept to identify the well off groups within the backward classes.

Salara Mudgal Case 1995
The Supreme Court ruled that a man married under Hindu religious law cannot convert himself to Islam for the purpose of marrying another woman.

Bommai Case 1995
The Supreme Court held that federalism is a part of basic structure and state governments cannot be arbitrary dismissed by a Governor and any such test of confidence of the Executive must be done on the floor the Assembly.

Chandra Kumar Case 1997
The Supreme Court held that Judicial Review is a part of Basic Structure Doctrine.

TMA Pai Case 2002
The Supreme Court held that the right to administer minority educational institution is not absolute and the State can regulate the institutional affairs to educational standards.

Inamdhar Case 2005
The Supreme Court declared that the reservations for Scs/STs in private educational institutional null and void. To overcome this judgement the Government passed 93rd Constitutional Amendement in private institution.

Bihar Assembly Dissolution Case 2006
The Supreme court held that the Governor of a State does not enjoy absolute immiunity from judicial review and the courts can invalidate ay malio fide actions of the Governor.

Ashok Kumar Thakur Case 2007
The Supreme court upheld that 93rd Constitutional Amendment act providing for reservations for SC/STs/OBCs in Central Universities as well as Private institutions but subject to a ceiling of 50% of total seats for reservation.

Prakash Singh Case
The Supreme Court gave model blueprint for police reforms.

Visakha Case:
Supreme Court gave direction to curb exploitation of women to workplace.




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