– 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…
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…
