S.P. Anand v. H.D. Deve Gowda [1997 SC] PETITIONER: S.P. ANAND, INDORE RESPONDENT: H.D. DEVE GOWDA & OTHERS DATE OF JUDGMENT: 06/11/1996 BENCH: CJT, SUJATA V. MANOHAR Issue : Can a person who is not a member of either House of Parliament be appointed as the Prime Minister of India? Judgment A Constitution Bench had …
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology Appeal (civil) 992 of 2002 Bench: Bharucha, S.P. (Cji), Quadri, S.S.M. (J), Lahoti, R.C. (J), Hegde, N.S. (J) Raju, Doraiswamy (J), Pal, Ruma (J) Pasayat, Arijit (J) Facts: In 1972, Sabhajit Tewary, a Junior Stenographer with the Council of Scientific and Industrial Research (CSIR) filed a …
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Shankari Prasad v. Union of India, 1952 Issue : Whether the Constitution (First Amendment) Act 1951, which was passed by the provisional Parliament to insert articles 31A and 31B, is ultra vires and unconstitutional? Judgment: “Although “law” must ordinarily include constitutional law, there is a clear demarcation between ordinary law, which is made in exercise …
Selvi v. State of Karnataka (2010) 7 SCC 263 The legal questions in this batch of criminal appeals relate to the involuntary administration of certain scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test for the purpose of improving investigation efforts in criminal cases. This issue involves tensions between the …
Murli S. Deora v. Union of India [2001 SC] The Fundamental right guaranteed under Article 21 of the Constitution of India, inter alia, provides that none shall be deprived of his life without due process of law. Then – why a non-smoker should be afflicted by various diseases including lung cancer or of heart, only because he …
L. Chandra Kumar v. Union of India [1997 SC] Ouster of power of Judicial Review and vesting the same in administrative tribunals to the total exclusion of the High Courts under Article 226 of the Constitution – not permissible. Background The Constitution (Forty-second Amendment) Act, 1976 inserted Part XIVA in the Constitution which contains Articles …
D. K. Basu v. State of W. B. [1996 SC] The Executive Chairman, Legal Aid Services, West Bengal, a non-political organisation registered under the Societies Registration Act, on 26-8-1986 addressed a letter to the Chief Justice of India drawing his attention to certain news items published in The Telegraph regarding deaths in police lock-ups and …
D.C. Wadhwa v. State of Bihar [1987 SC] Issue : Repeated promulgation of the same Ordinance The petitions under Article 32 of the Constitution raised the question relating to the power of the Governor under Article 213 of the Constitution to repromulgate ordinances from time to time without getting them replaced by Acts of the …
Chebrolu Leela Prasad Rao & Ors. v. State of Andhra Pradesh & Ors. [2020 SCC OnLine SC 383] The Supreme Court deals with the constitutional validity of 100% reservation in government positions for backward class, i.e., STs. Bench – Arun Mishra, Vineet Saran, Indira Banerjee, M.R. Shah and Anirudhha Bose. Facts – During the execution …
Prithviraj Chouhan v. UOI [2020 SCC OnLine SC 159] The Supreme Court deals with the constitutional validity of Section 18A of the SC ST (Prevention of Atrocities) Amendment Act, 2018. Bench – Arun Mishra, Vineet Saran, S. Ravindra Bhat. Facts – The petitioners questioned the constitutionality of Section 18-A of the Scheduled Caste and Scheduled …
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