– 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…
Background of the Case The case arose from challenges to several constitutional amendments that affected the Right to Property, particularly: The petitioners, led by I.C. Golak Nath, argued that: This directly questioned the correctness of earlier judgments in Shankari Prasad (1951) and Sajjan Singh (1964). Core Constitutional Questions Supreme Court’s Judgement (a) Overruling Earlier Precedents…
– End of the Jury System in India Background of the Case Commander K.M. Nanavati, a decorated naval officer, discovered that his wife had an illicit relationship with Prem Ahuja. Overcome by emotional turmoil → Nanavati went to Ahuja’s residence → Shot and killed him → Claimed that the firing was accidental The case attracted…
– Cession of Indian Territory Background of the Case After Independence, disputes arose regarding the exact boundary between India and Pakistan in certain areas of West Bengal. One such disputed area was the Berubari Union in the district of Jalpaiguri (West Bengal). To resolve this: However, a constitutional doubt arose: Can Parliament transfer Indian territory…
– Parliament’s Power to Amend Fundamental Rights Background of the Case After the Champakam Dorairajan judgment, Parliament enacted the 1st Constitutional Amendment Act, 1951. This Amendment: The Amendment was challenged by Shankari Prasad, who argued that: Core Constitutional Questions The Supreme Court had to decide: Supreme Court’s Judgement (a) Parliament Can Amend Fundamental Rights The…
– Fundamental Rights vs Directive Principles Let us now take up the Champakam Dorairajan Case (1951)—a judgment that clearly established the hierarchy between Fundamental Rights and Directive Principles of State Policy in the early years of the Constitution. Background of the Case In the early years after Independence, the Government of Madras issued an executive…
– The Preventive Detention Case This was a judgment that shaped the early constitutional philosophy of personal liberty in India, and whose influence lasted for nearly three decades. Background of the Case A.K. Gopalan was a prominent communist leader. Soon after the Constitution came into force, he was detained under the Preventive Detention Act, 1950….
– Foundation of Press Freedom in India Background of the Case Soon after the Constitution came into force, Romesh Thappar, a well-known journalist, was the editor of an English weekly journal called Cross Roads, published from Bombay.The journal was critical of government policies and contained political commentary. The Government of Madras, however, passed an order…
