Important Judgements Flashcards
Champakam Dorairajan vs State of Madras,1951
In this case caste based reservations were stuck down by the court, as against Article 16(2) of the Constitution.
With regard to admission of students to the Engineering and Medical Colleges of the State, the Province of Madras had issued an order which, fixed number of seats for particular communities.
It noticed that while Cl. (1) Art. 29 protects the language, script or culture of a section of the citizens, cl. (2) guarantees the fundamental right of an individual citizen. This right can not to be denied to the citizen only on grounds of religion, race, caste, language or any of them. If a citizen who seeks admission into any such educational institution has not the requisite academic qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction of his fundamental right under this Article. This case resulted in First Amendment of the Constitution of India.
Golaknath vis State of Punjab 1967
The Apex court held that law made by the Parliament shall not be such that infringes and takes away the fundamental rights of the citizen which are provided by the Constitution of India.
Law made by a Parliament in a law under Article 13 of the Constitution. Further, the constitution can be amended. The judgement was overruled by 24th amendment. The judgement was restored and its scope was extended in Keshav nand Bharti case.
Madhav Jiwaji Rao Scindia vs Union of India, 1970
The infamous case, Madhav Jiwaji Rao Scindia v. Union of India deals with Article 18 of the Constitution of India.
It abolishes all special titles. The Supreme Court in this case held the 1970 Presidential order as invalid.
This decision of the court led to abolishing titles and privileges of India’s erstwhile princely rulers.
It even abolished privy purses of India’s erstwhile princely rulers.
Kesavananda Bharati vs State of Kerala, 1973
The bench in the present case comprised of 13 judges (largest).
The Supreme Court gave Parliament power to amend any part of Constitution of India.
The court further added that such amendment shall not take away the fundamental rights of the citizen which are provided by the Constitution of India.
Such law is a law under article 13 of the constitution. This case is also referred as Fundamental rights case.
Indira Gandhi vs. Raj Narain, 1975
The Supreme Court held clause 4 of 39th amendment as unconstitutional and void (1st Constitutional Amendment Act to be declared) as it was out rightly denied of the right to equality enshrined in Article 14. The apex Court also added basic features of the constitution to list laid down in Keshavananda Bharti case.
They are stated below:
democracy,
judicial review,
rule of law.
Further, the court added jurisdiction of Supreme Court under Article 32, which deals with writs basically also forms basic structure of the constitution
ADM Jabalpur v. S. Shukla, 1976
The apex Court in the infamous case of A.D.M. Jabalpur v. S. Shukla was a case during prevailing of emergency in the country. Right to move to the court for enforcement of fundamental rights guaranteed under constitution stands suspended under emergency.
This even includes Article 14, 21 and 22. This created a havoc in the nation.
In later amendment it was held that Article 21 and 22 cannot be suspended during the time of emergency.
