JP Judgments Flashcards
Hussainara Khatoon v. State of Bihar
humane treatment of prisoners
Ratlam Municipal Council v. Vardichand
public sanitation
Maneka Gandhi v. UOI
procedural fairness
Vishaka v. UOI
POSH
Keshavananda Bharti
compulsory acquisition of his land, parliament can AA but cannot violate basic structure
Article 13
declares that any law which contravenes any of the provisions of the part of the fundamental rights shall be void.
Article 32
provides the right to constitutional remedies which means that a person has the right to move to the supreme court for getting his fundamental rights protected
Article 226
empowers the high court to issue directions, orders or writs in the nature of habeas corpus, mandamus, quo warranto and certiorari. Such directions, orders or writs may be issued for the enforcement of fundamental rights or any other purpose.
Shankari Prasad v. Union of India
1st amendment act of 1951 challenged- Right to property abridged-SC held S368 gave powers and held it valid
Golaknath v. State of Punjab
1st, 4th and 17th amendments challenged, SC held S368 gave no powers and held invalid, AAs=law
Minerva mills v. Union of India
Mill taken over by National Textile Corp Lim., challenged, 42nd AA of CoI also challenged (where AA cannot be challenged and AA power could not be limited), former dismissed, latter held unconstitutional
24th AA
affirmed P’s authority after Golaknath decision
25th AA
overturned Bank nationalisation case, DP > FR
29th AA
Land reform laws which eventually paved way for keshavananda
38th AA
Emergency cannot be challenged
39th AA
election of PM, speaker, Prez and VP cannot be challenged
Bank Nationalisation case
14 banks proposed to be nationalised through act challenged, held violative of A14
ADM Jabalpur v. Shivkant Shukla
MISA challenged, held that A21 cannot be challenged for this
42nd AA
socialist secular integrity inserted, FDs, attempted to reduce power of courts
43rd and 44th AA
restores civil liberties, internal disturbance changed to armed rebellion, RtProp only legal right, preventive detention only max 3 months, emergency only on written advice
IR Coelho v. State of Tamil Nadu
JR if:
(i) violates FRs
(ii) violates basic structure
Duration
Temp vs Permanent
Method
Mandatory vs Directory
Object
Codifying vs Consolidating vs Declaratory vs Remedial