– Oleum Gas Leak and Constitutional Compensation Background of the Case In December 1985, a leakage of oleum gas occurred from the Shriram Food and Fertilizer Industries in Delhi. The accident: Environmental lawyer M.C. Mehta approached the Supreme Court under Article 32, seeking: Core Constitutional Questions Supreme Court’s Judgement The Supreme Court delivered a landmark…
– Limits on Ordinance-Making Power Background of the Case Dr. D.C. Wadhwa, a constitutional scholar, brought to the Court’s notice an alarming practice in Bihar. Between 1967 and 1981: This practice effectively allowed the executive to legislate without the legislature. Core Constitutional Questions Supreme Court’s Judgement The Supreme Court delivered a strongly worded constitutional rebuke….
– Maintenance, Personal Law and Secular Law Background of the Case Shah Bano, a 62-year-old Muslim woman, was divorced by her husband Mohd. Ahmed Khan after over 40 years of marriage. Having no independent means of livelihood, she: Her husband contended that: Core Legal and Constitutional Questions Supreme Court’s Judgement The Supreme Court upheld the…
– Judicial Review of the Ninth Schedule Background of the Case The Ninth Schedule was inserted by the 1st Constitutional Amendment Act, 1951 to protect certain laws—mainly land reform laws—from judicial review. Over time: Can Parliament place any law beyond judicial scrutiny by simply inserting it into the Ninth Schedule? This question reached the Supreme…
– Restoration of Constitutional Balance Background of the Case During the Emergency period, Parliament enacted the 42nd Constitutional Amendment Act, 1976, often called the “Mini-Constitution”. Two major changes were relevant here: These provisions were challenged in the Minerva Mills case. Core Constitutional Questions Supreme Court’s Judgement The Supreme Court delivered a strong and corrective verdict….
– Constitutional Validity of Death Penalty Background of the Case Bachan Singh was convicted of murder under Section 302 of the Indian Penal Code, which prescribes → Death penalty, or Life imprisonment He challenged the constitutional validity of the death penalty on the ground that it violates: Core Constitutional Questions Supreme Court’s Judgement The Supreme…
– Expansion of Personal Liberty Background of the Case Maneka Gandhi’s passport was impounded by the Government under Section 10(3)(c) of the Passport Act, 1967 on the ground of “public interest”. She was: She challenged the action as violative of: Core Constitutional Questions Supreme Court’s Judgement The Supreme Court overruled A.K. Gopalan (1950) and adopted…
– Habeas Corpus and the Emergency Background of the Case In June 1975, a National Emergency was proclaimed on the ground of internal disturbance. Following this: Several detenus approached High Courts seeking writs of habeas corpus, challenging the legality of their detention. Conflicting High Court decisions led to the matter reaching the Supreme Court as…
– Validation of the Basic Structure Doctrine Background of the Case In 1971, Indira Gandhi was elected to the Lok Sabha from the Rae Bareli constituency. Her election was challenged by Raj Narain before the Allahabad High Court on grounds of electoral malpractices. In 1975, the High Court: While the matter was pending before the…
– Birth of the Basic Structure Doctrine Background of the Case Kesavananda Bharati, the head of a religious mutt in Kerala, challenged the Kerala Land Reforms Act, which imposed restrictions on property rights. By the time the case reached the Supreme Court: Thus, the case became a direct test of Parliament’s amending power under Article…
