Minerva Mills v. UOI [AIR 1980 SC 1789] Parliamentary power to amend the Constitution is restricted by the Basic Structure and hence 42nd Amendment Act was held unconstitutional. Bench – A.C. Gupta, PS Kailasam, PN Bhagwati, NL Untwalia and Y.V. Chandrachud. Facts – Minerva Mills, located in the state of Karnataka, was a textile mill …
Sheela Barse v. State of Maharashtra [1983 SC 378] The right to live with dignity under Article 21 was extended to female prisoners and the State was directed to make provisions for the protection of their rights via free legal aid and freedom from ill-treatment in prisons. Bench – Rangnath Misra, P.N. Bhagwati, Amrendra Nath, …
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Hussainaira Khatoon v. State of Bihar [1979 AIR 1369] It discusses a broader interpretation of Article 21 and holds that a speedy trial is a fundamental right of all citizens. The case also addressed the human rights of prisoners, stating that prisoners should be provided with free legal aid and a speedy trial. Bench – …
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Maneka Gandhi v. UOI [AIR 1978 SC 597] Right to Travel Abroad comes under the scope of Right to Personal Liberty under Article 21. Bench – PS Kailasam, SM Fazalali, VR Krishnaiyer, PN Bhagwati, NL Untwalia , M.H. Beg, and Y.V. Chandrachud. Facts – Maneka Gandhi, the petitioner, was a journalist whose passport was granted …
Indira Nehru Gandhi v. Raj Narain [AIR 1975 SC 2299] Free and Fair election is the Basic Structure of the Constitution. It comes under the authority of the courts to have judicial review over elections. Bench – A.N. Ray, M.H. Beg, KK Mathews, J. Sinha, Y.V. Chandrachud, and H.R. Khanna. Facts – The accusation of …
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Kesavananda Bharati v. State of Kerala [AIR 1973 SC 1461] Parliament cannot amend Articles enshrining Fundamental Rights as well as Concept of Basic Structure of the Constitution. Bench – S.M. Sikri, A.K. Mukherjea, A.N. Grover, H.R. Khanna, A.N. Ray, K.K. Mathew, J.M. Shelat, K.S. Hegde, M.H. Beg, S.N. Dwivedi, P. Jaganmohan Reddy and Y.V. Chandrachud.. …
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Golaknath v. State of Punjab [1967 AIR 1643] Parliament cannot make legislative amendments in contravention of Fundamental Rights as well as cannot amend Articles enshrining Fundamental Rights. Bench – K. Subba Rao, V. Ramaswami, K. Wanchoo, CA Vaidyalingam, M. Hidayatullah, S.M. Sikri, R. Bachawat, J.M. Shelat, J.C. Shah, Vashishth Bhargava, G. Mitter. Facts – As …
AK Gopalan v. State of Madras [AIR 1950 SC 27] Case Summary Bench – Hiralal Kania, Saiyid Fazl Ali, M. P. Shastri, Meher Chand Mahajan, B. K. Mukherjee, S.R. Das. Facts – In this case, the petitioner had been detained under the provisions of the Preventive Detention Act of 1950. The said Act enabled the …
CONSTITUTIONAL LAW Mains Questions for Judiciary Part II Right to Freedom Including Right to Speech and Expression (A. 19) Q. 1. Discuss the freedom of speech and expression. Does it include freedom of press also? What are the restriction on the exercise of this right? [MPJS 2016] Q. 2. A law fixes the ratio of …
CONSTITUTIONAL LAW : Mains Questions for Judiciary Part III Read More »
CONSTITUTIONAL LAW Mains Questions for Judiciary Law Inconsistent with or in Derogation of the Fundamental Rights (A. 13) Q.1 Describe prohibition of discrimination based on sex. Explain meaning, scope and extent of term “citizen” within the purview of Constitution of India. [MPJS 2014, 2019]Q.2 What are the application and interpretation of Article 13 of the …
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