SC Judgements

Question 1

AK Gopalan Case 1950

Answer 1

For constitutionality of Preventive Detention under PD Act 1950

SC upheld the Act

RTL under A21 could be curtailed by PEL, even if arbitrary

No prevention against arbitrary legislative actions

Overruled in Menaka Gandhi Case

Question 2

Maneka Gandhi Case 1978

Answer 2

• SC overruled AK Gopalan Case judgement
• Due process of law > PEL
• prevention against both, arbitrary legislative and executive actions

Question 3

Vishakha Case 1997

Answer 3

-NGO Vishakha
-Banwari Devi rape

-Sexual harassment at workplace and legislative vacuum for it

• SC laid down Vishakha Guidelines based on which GoI enancted PoSH Act 2013
• Judicial activism

Question 4

Indra Sawhney Case 1992

Answer 4

Validity of reservation of OBCs under Mandal Commission recommendations

• Upheld 27% reservation for OBC
• excluded creamy layer
• 50% limit on reservation except in extraordinary conditions

Question 5

Shah Bano Case 1985

Answer 5

Maintenance rights of muslim women under S.125 of CrPC

-Ruled in favour of Shah Bano
-muslim women entitled to maintenance
-GoI enacted Muslim Women (Protection of Rights on Divorce) Act 1986 : diluted the judgement

Question 6

Shayara Bano Case 2017

Answer 6

Constitutionality of triple talaq under Muslim Personal Law

-Declared triple talaq unconstitutional and void = violated gender equality and FR

• Triple talaq criminal offence

Question 7

Olga Tellis va BMC 1985

Answer 7

-Eviction of pavement dwellers in Bombay w/o providing alternate housing

-Recognised right to livelihood as an integral part of RTL under A.21

-Eviction w/o rehabilitation violated FRs

-AKA Pavement Dwellers Case

Question 8

SR Bommai Case 1994

Answer 8

Validity of imposition of President’s Rule under A.356

-Limited the misuse of A356
-Under Judicial Review

-Reduced the imposition of PR drastically post judgement

Question 9

Navtej Singh Johar Case 2018

Answer 9

Decriminalisation of consensual homosexual acts under S377 of IPC

-Struck down S.377 as unconstitutional
-Violates A.14, 15, 19, and 21
-Affirmed LGBTQ+ rights

Question 10

Justice Puttaswamy Case 2017

Answer 10

Recognition of right to privacy as a FR under A.21

-Declared privacy a FR under A.21 RTL
-AKA Aadhar Judgement

Question 11

Nirbhaya Case 2017

Answer 11

Punishment for Nirbhaya Gang rape

-Upheld death penalty for convicts
-Can be given in rarest of rare case

Question 12

Ram Janmabhoomi- Babri Masjid Case 2019

Answer 12

Title dispute over land in Ayodhya

-Awarded the land to Hindu side for Ram Mandir
-allotted alternate 5 acre plot to Muslim side

Question 13

Waman Rao Case 1981

IR Coelho Case 2007

Answer 13

Constitutionality of Ninth Schedule and its protection from JR

-Upheld basic structure doctrine: JR

-Laws added to 9 Schedule after Kesavananda Bharti Case judgement 24 April 1973 open to JR

Question 14

Lily Thomas Case 2013

Answer 14

Automatic disqualification of convicted legislator

-Struck down S.8(4) of Rep of People Act 1951 ensuring immediate disqualification upon conviction with imprisonment of 2+ years — now, do not wait for appeal, unless stayed by upper court

Question 15

Golaknath Case 1967

Answer 15

Parliament’s power to amend CoI under A.368

-Can’t amend FRs — overruled in KBC
-FR > DPSP

-After this, 25 CAA 1971 :
A.31C : A. 39(b) and (c) > A. 14 and 19

Question 16

Sarla Mudgal Case 1995

Answer 16

Bigamy in Hindu men under guise of conversion to Islam

-Declared such marriages invalid under Hindu Marriage Act
-Advocated for UCC

Question 17

Aruna Shanbaug Case 2011

Answer 17

Legalisation of passive euthanasia

• Allowed passive euthanasia under strict guidelines
  -Recognised Right to Die with Dignity under A.21 RTL

Question 18

Common Cause Case 2018

Answer 18

Recognition of living wills and passive euthanasia

-Upheld the right to die with dignity
-Provided legal validity to living wills

Living wills: let me die under extreme conditions

Question 19

ADM Jabalpur vs Shivkant Shukla Case 1976

Answer 19

Suspension of habeas corpus during emergency

-Upheld the suspension — widely criticised
-overturned by 44 CAA: A.20, 21 inviolable: can’t be violated even during emergency, internal or external

Question 20

Nandini Sundar vs So CG 2011

Answer 20

Legality of arming civilians (Salwa Judum) in anti-Maoist operations

-Declared the practice unconstitutional
-Maintaining law and order duty of State, not citizens

Question 21

Union Carbide corporation Case 1989

Answer 21

Compensation for Bhopal Gas Tragedy victims

• Absolute liability: parent foreign company of subsidiary in India also liable
• $470 M settlement: criticised for being very low

Question 22

Hussainara Khatoon Case 1979

Answer 22

Rights of undertrial prisoners

-Declared right to speedy trial as part of RTL A.21
-Led to reforms in criminal justice system

Question 23

Bandhua Mukti Morcha Case 1984

Answer 23

Bonded labour and enforcement of labour laws

-Take steps to eradicate bonded labour

-

Question 24

State of TN vs L Abu Kavur Bai Case 1983

Answer 24

Against Nationalisation of transport services by TN govt

-SC upheld constitutional under A.39(b) and (c)
-State can monopolise services to achieve socio-economic welfare goals
-Nationalisation aimed at public welfare legitimate
-Reasonable restriction on Right to Profession in A.19 valid