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India · 2nd Year · Constitutional Law

Landmark Judgments II

Emergency, liberty and recent Constitution Bench rulings.

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  1. 1.A.K. Gopalan v State of Madras (1950) — held?

    Took a narrow view of Article 21 and treated Articles 19 and 21 as separate compartments; overruled in substance by Maneka Gandhi (1978).

    AIR 1950 SC 27

  2. 2.Shankari Prasad v Union of India (1951) — held?

    Parliament's power to amend under Article 368 extends to fundamental rights; the First Amendment was upheld.

    AIR 1951 SC 458

  3. 3.Indira Nehru Gandhi v Raj Narain (1975) — held?

    Clause (4) of Article 329A (39th Amendment), which shielded the Prime Minister's election from judicial scrutiny, was struck down as violating the basic structure (free and fair elections).

    1975 Supp SCC 1

  4. 4.ADM Jabalpur v Shivkant Shukla (1976) — held and later status?

    During the Emergency no one could move a court for habeas corpus to enforce Article 21; expressly overruled in K.S. Puttaswamy (2017).

    (1976) 2 SCC 521

  5. 5.Olga Tellis v Bombay Municipal Corporation (1985) — held?

    The right to livelihood is part of the right to life under Article 21; pavement dwellers could not be evicted without a fair procedure.

    (1985) 3 SCC 545

  6. 6.Vishaka v State of Rajasthan (1997) — held?

    Laid down binding guidelines against sexual harassment at the workplace, later replaced by the Sexual Harassment of Women at Workplace (POSH) Act, 2013.

    (1997) 6 SCC 241

  7. 7.Shreya Singhal v Union of India (2015) — held?

    Section 66A of the Information Technology Act, 2000 was struck down as violating Article 19(1)(a).

    (2015) 5 SCC 1

  8. 8.Joseph Shine v Union of India (2018) — held?

    Section 497 IPC (adultery) was struck down as unconstitutional.

    (2019) 3 SCC 39

  9. 9.Supreme Court Advocates-on-Record Assn v Union of India (2015) — held?

    The 99th Amendment and the National Judicial Appointments Commission Act were struck down; the collegium system was restored.

    (2016) 5 SCC 1

  10. 10.Janhit Abhiyan v Union of India (2022) — held?

    Upheld (3:2) the 103rd Amendment providing up to 10% reservation for economically weaker sections.

    Constitution Bench, 7 November 2022

  11. 11.In re Article 370 of the Constitution (2023) — held?

    A five-judge bench upheld the President's orders abrogating the special status of Jammu and Kashmir under Article 370.

    Constitution Bench, 11 December 2023

  12. 12.Association for Democratic Reforms v Union of India (2024) — held?

    The Electoral Bond Scheme and related amendments were struck down as violating voters' right to information under Article 19(1)(a).

    Constitution Bench, 15 February 2024