Author: CDH

  • T.M.A. Pai Foundation Case (2002)

    – Rights of Minority Educational Institutions Background of the Case Multiple petitions were filed challenging various State laws and regulations that sought to control: Conflicting earlier judgments had created uncertainty about: A 11-judge Constitution Bench was constituted to settle the law conclusively. Core Constitutional Questions Supreme Court’s Judgement The Court laid down a comprehensive framework…

  • Association for Democratic Reforms Case (2002)

    – Right to Know of Voters Background of the Case For decades, Indian elections were conducted with very limited information available to voters about candidates. There was: The Association for Democratic Reforms (ADR) filed a Public Interest Litigation seeking directions to ensure transparency in electoral contests. Core Constitutional Question Does a voter have a fundamental…

  • Vineet Narain Case (1997)

    – Autonomy of CBI and Anti-Corruption Framework Background of the Case The case arose out of the Jain Hawala scandal, which involved allegations of illegal payments to several high-ranking politicians and bureaucrats. Investigations by the CBI and Enforcement Directorate (ED) were perceived as: Concerned about institutional paralysis, Vineet Narain, a journalist, approached the Supreme Court…

  • Vishaka Case (1997)

    – Sexual Harassment and Fundamental Rights Background of the Case The case arose from the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan, while she was performing her official duties. At the time: A group of women’s rights organisations, under the banner Vishaka, approached the Supreme Court through a Public Interest Litigation….

  • S.R. Bommai Case (1994)

    – President’s Rule and Federalism Background of the Case Article 356 empowers the President to impose President’s Rule in a State if the constitutional machinery fails. Historically, this provision was frequently misused by the Union Government to: Several proclamations of President’s Rule were challenged, including those imposed in: These challenges were heard together by a…

  • Supreme Court Advocates-on-Record Association Case (1993)

    – Second Judges Case Background of the Case Articles 124(2) and 217(1) provide that judges of the Supreme Court and High Courts shall be appointed by the President after consultation with: In the S.P. Gupta Case (1981) (First Judges Case), the Supreme Court had held that: This interpretation gave the executive primacy in judicial appointments….

  • Unni Krishnan Case (1993)

    – Right to Education Revisited Background of the Case After the sweeping declaration in Mohini Jain (1992) that education at all levels is a fundamental right, several State Governments argued that: This led to the reconsideration of the issue in Unni Krishnan vs. State of Andhra Pradesh. Core Constitutional Questions Supreme Court’s Judgement The Supreme…

  • Mohini Jain Case (1992)

    – Right to Education and Capitation Fee Background of the Case The case arose from the practice of charging capitation fees by private professional colleges, particularly medical and engineering colleges in Karnataka. Mohini Jain, a student, was denied admission because she could not pay the exorbitant capitation fee demanded. She challenged this practice as: Core…

  • Indra Sawhney Case (1992)

    – Mandal Case and Reservation Jurisprudence Background of the Case In 1990, the Union Government issued an executive order implementing the recommendations of the Mandal Commission, providing: Subsequently, another executive order provided → 10% reservation for economically backward sections not covered by existing reservation schemes These orders were challenged before the Supreme Court, leading to…

  • Kihoto Hollohan Case (1992)

    – Validity of the Anti-Defection Law Background of the Case The 52nd Constitutional Amendment Act, 1985 introduced the Tenth Schedule to the Constitution to curb political defections. Key features: However, Paragraph 7 of the Tenth Schedule: This provision was challenged in Kihoto Hollohan vs. Zachillhu. Core Constitutional Questions Supreme Court’s Judgement The Supreme Court delivered…