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India · 2nd Year · Constitutional Law

Landmark Judgments

The Supreme Court cases you must know.

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  1. 1.Kesavananda Bharati v State of Kerala (1973) — held?

    Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure. Decided by a 13-judge bench (7:6).

    (1973) 4 SCC 225

  2. 2.I.C. Golaknath v State of Punjab (1967) — held?

    Parliament could not amend fundamental rights (an amendment was "law" under Article 13); later overtaken by the 24th Amendment and Kesavananda.

    AIR 1967 SC 1643

  3. 3.Maneka Gandhi v Union of India (1978) — held?

    "Procedure established by law" under Article 21 must be just, fair and reasonable; Articles 14, 19 and 21 are interlinked (the "golden triangle").

    (1978) 1 SCC 248

  4. 4.Justice K.S. Puttaswamy v Union of India (2017) — held?

    Right to privacy is a fundamental right protected under Article 21 and Part III. Unanimous 9-judge bench.

    (2017) 10 SCC 1

  5. 5.Minerva Mills v Union of India (1980) — held?

    Clauses (4) and (5) of Article 368 inserted by the 42nd Amendment were struck down; limited amending power and the harmony between Parts III and IV are part of the basic structure.

    (1980) 3 SCC 625

  6. 6.Indra Sawhney v Union of India (1992) — held?

    Upheld OBC reservation but excluded the "creamy layer" and held reservations should ordinarily not exceed 50%.

    1992 Supp (3) SCC 217

  7. 7.S.R. Bommai v Union of India (1994) — held?

    President's Rule under Article 356 is subject to judicial review; secularism is part of the basic structure; majority must be tested on the floor of the House.

    (1994) 3 SCC 1

  8. 8.Navtej Singh Johar v Union of India (2018) — held?

    Section 377 IPC was unconstitutional insofar as it criminalised consensual sexual conduct between adults.

    (2018) 10 SCC 1