Wednesday, May 13, 2015

Making India: Some Bench Mark Rulings of the Apex Court of India.


Making India: Some Bench Mark Rulings of the Apex Court of India.


Basic Structure and Judicial Review:

Golak Nath v. State of Uttar Pradesh, 1964
11 judge bench
No retrospective effect for fundamental rights guaranteed by the Constitution.

Keshavananda Bharati v. State of Kerala, 1973
13 judge bench
An amendment to Constitution is not “LAW”, and to the extent that it does not violate the basic structure of Constitution, is valid.

Maneka Gandhi v. Union Of India, 1978
Fundamental Rights conferred by Part-3 of the Constitution are not distinct and mutually exclusive.

Minerva Mills v. Union Of India, 1980
Parliament’s amending power is limited and by amending the Constitution this power cannot be converted into unlimited power. That is, it is subject to Judicial Review.

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Never forget this:

ADM Jabalpur v. S. Shukla, 1976
Right to approach court under Articles 14, 21 and 22 would remain suspended during the Emergency.

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On Secularism:
Mohd.Ahmed Khan v. Shah Bano Begum, 1985
State’s initiative demanded in making Uniform Civil code.

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Karnataka:

Bangalore water supply and sewage board v. A. Rajappa, 1978
On the definition of “Industry”.

S.R.Bommai v. Union Of India, 1994
Conditions under which state governments may be dismissed.

State of Karnataka v. State of Andra Pradesh, 2000
Right of water is a Right to Life.

TMA Pai Foundation v. State of Karnataka, 2002
States/Universities cannot regulate admission of students and staff recruitment by minority unaided institutions. States/universities can specify qualifications for ensuring academic standard.

Islamic Academy of Education v. State of Karnataka, 2006
Rights of minorities under Article 30(1) is not absolute and is subject to reasonable restrictions

Selvi v. State of Karnataka, 2010
Meaning and Scope of “self incrimination.”  Narco analysis, polygraph and BEAP tests are methods of interrogation violative of Article 21(Right to life).

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Dhanyavaad.
jai Hind.

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