– 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…
– 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….
– 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…
– 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…
– 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…
– 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…
– 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…
