Judge Flashcards

1
Q

Keshavananda judgement

A

1973
Basic structure
Preamble is part of consti( over turned berubari)

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2
Q

Subramaniam judgement

A

Seeking lrior approval for investigation is violative of art 14

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3
Q

Prakash singh judgement

A

2006

Issued directives to free police from undue and excess political influence

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4
Q

Subramaniam judgement

A

Seeking lrior approval for investigation is violative of art 14

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5
Q

Raptaskos case

A

1991
Concept of living wage. Wage that goes beyond mere food, shelter and clothing. It includes edu, nutrition and provisions for old age.

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6
Q

Anuradha bhasin v/s UOI

A

2020
FoS&E, fo trade over medium of internet are protected under 19, which is a FR.
Restrictions can be placed but must be adhere to 19(2) and test of proportionality.
No secret orders in a democracy. All 144 related orders be placed in public.

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7
Q

Bommai judgement

A

1991
Federalism = BS
Concept of floor test
Presidents rule is subject to limited JR

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8
Q

Gopalan case

A

1950
Procedure established by law
Each article seen separately rather than understanding coherence of consti

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9
Q

First judges case

A

1982

Consultation is not concurrence

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10
Q

2nd judges case

3rd judges case

A

1993

Consultation = concurrence
Can send back but reconsidered recomm is binding
Seniormost judge as cji
Collegium = cji +2 j

1998
Cji+4
Cji+2(hc)

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11
Q

Adr vs UOI

A

2002
RTI is fr. Voters have right to know the background of candidates, funding of pp.
Opacity in funding adversely impacts right to vote.

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12
Q

Kihotohollan judgement

A

1992

Speakers decision under ADL is subject to JR.

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13
Q

Bachan singh vs state of punjab

A

1980
Laid down sentencing framework in capital punishment cases

Consider mitigating and aggravating circumstances of offender and offence
Is the alternative rightly denied
Extreme cases only

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14
Q

Shatrughan Chauhan

A

2014
Aimed at protecting consti rights of prisoners

Right to be informed about the scope for filing mercy
Legal assistance
Exploring judicial remedies even after mercy rejected

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15
Q

Berubari union

A

1950
Preamble is not a part of consti
It is key to minds of makers of consti

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16
Q

Shankari prasad vs UOI

A

1960
Parlia has constituent leg power
13 doesn’t include CA
So no limit to parlia power to amend

17
Q

Golaknath

A

1967
Parlia has no power to amend consti
Procedure established by law

FR can’t be amended in favour of dpsp

18
Q

Indira sawhney

A

1992

Upheld reservation for BCs but with 5 conditions

19
Q

Nagraj judgement

A
2006
Upheld reservation in promotions for sc/st but 3 conditions 
1. Quantfiable data on backwardness 
2. Inadequate rep
3. Overall efficiency
20
Q

Jarnail singh

A

2019
Reservation in promotions
1st criteria of Nagraj not needed
Examine the possibility of creamy layer concept

21
Q

Ramsingh vs UOI

A

Sc struck down reservation for Jats

Neither backward nor inadequately represented

22
Q

Kedarnathsingh v/s UOI

A

1962
Guidelined to orevent misuse of 124a of IPC
Misuse of 19 be judged on three grounds : discussion, advocacy and incitement to violence

23
Q

Menaka Gandhi

A

1978
Due process spirit; law taking away 21 should be fair and reasonable
Personal liberty = wide

24
Q

Puttaswamy judgement

A

Test of proportionality

It was alleged that collection and use of biometric data violates privacy

25
Q

Right to Die

A

Rathiram vs UoI : Right to life = right to die
Gian kaur vs Uoi 1196 : No
Arunashaunbaug 2011 : pasive euthanasia may be permitted with safe guards

26
Q

Basic structure

A
Shankari prasad vs UOI
Golaknath vs UOI
KB 
Minervamills - JR, harmony 
Indirasawhney - rule of law
Bommai - policies that violate basic structure are valid grounds for 356
27
Q

Sarfesi judgement

A

2017

370 is not a temporary provision despite the head note

28
Q

Ramjawayasingh vs state of punjab

A

1955
Consti has not recognised watertight sop. Nevertheless functions have been demarcated and each is expected perform its functions without intruding into another’s domain.

29
Q

State can inroduce regulatory regime in minority insti to ensure excellence in edu.
30 has to be balanced with state’s role in ensuring excellence in edu
Upheld WB madarassa service commission act

A

Sk Md rafique judgement

30
Q

Tma pai foundation case

A

2008

30(1) neither absolute nor above law