Judge Flashcards
Keshavananda judgement
1973
Basic structure
Preamble is part of consti( over turned berubari)
Subramaniam judgement
Seeking lrior approval for investigation is violative of art 14
Prakash singh judgement
2006
Issued directives to free police from undue and excess political influence
Subramaniam judgement
Seeking lrior approval for investigation is violative of art 14
Raptaskos case
1991
Concept of living wage. Wage that goes beyond mere food, shelter and clothing. It includes edu, nutrition and provisions for old age.
Anuradha bhasin v/s UOI
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.
Bommai judgement
1991
Federalism = BS
Concept of floor test
Presidents rule is subject to limited JR
Gopalan case
1950
Procedure established by law
Each article seen separately rather than understanding coherence of consti
First judges case
1982
Consultation is not concurrence
2nd judges case
3rd judges case
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)
Adr vs UOI
2002
RTI is fr. Voters have right to know the background of candidates, funding of pp.
Opacity in funding adversely impacts right to vote.
Kihotohollan judgement
1992
Speakers decision under ADL is subject to JR.
Bachan singh vs state of punjab
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
Shatrughan Chauhan
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
Berubari union
1950
Preamble is not a part of consti
It is key to minds of makers of consti
Shankari prasad vs UOI
1960
Parlia has constituent leg power
13 doesn’t include CA
So no limit to parlia power to amend
Golaknath
1967
Parlia has no power to amend consti
Procedure established by law
FR can’t be amended in favour of dpsp
Indira sawhney
1992
Upheld reservation for BCs but with 5 conditions
Nagraj judgement
2006 Upheld reservation in promotions for sc/st but 3 conditions 1. Quantfiable data on backwardness 2. Inadequate rep 3. Overall efficiency
Jarnail singh
2019
Reservation in promotions
1st criteria of Nagraj not needed
Examine the possibility of creamy layer concept
Ramsingh vs UOI
Sc struck down reservation for Jats
Neither backward nor inadequately represented
Kedarnathsingh v/s UOI
1962
Guidelined to orevent misuse of 124a of IPC
Misuse of 19 be judged on three grounds : discussion, advocacy and incitement to violence
Menaka Gandhi
1978
Due process spirit; law taking away 21 should be fair and reasonable
Personal liberty = wide
Puttaswamy judgement
Test of proportionality
It was alleged that collection and use of biometric data violates privacy