1. Chanpakam
Dorairajan V State of Madras:- The verdict of this
case led to the first amendment of the constitution. The Supreme Court had
struck down the Communal Government Order, which provided Caste based
reservation in the Government Jobs and Colleges. The Supreme Court has held
that the order violates Article 16 (2) of the Constitution.
2. K.M.
Nanavati V. State of Maharashtra:- This case marked the
end of Jury Trial in India and the case was finally decided by the Bombay High
Court.
3.
Keshvananda
Bharti V. State of Kerala:- The 13 Judge Bench laid
down the concept of Basic Structure and also held that Basic Structure of the
Constitution cannot be amended.
4. Indira
Nehru Gandhi v. Raj Narain:- The 39th
Constitutional Amendment was declared unconstitutional by the Supreme Court.
The 39th Amendment has introduced Article 392A to the Constitution
of India, which provided that the appointment of Prime Minister and Speaker
cannot be challenged in any court of the country. The Supreme Court declared it
unconstitutional, because it violate the basic structure of the Constitution.
5. A.D.M
Jabalpur v. S. Shukla:- The order issued by the
President under Article 359, suspending the right of access to the courts for
the enforcement of right under Article 14, 21 and 22 was held valid. The Court
held that the right to move court under Article 14, 21 and 22 would be
suspended during the emergency.
6. Maneka
Gandhi v. Union of India- While explaining the expression “Procedure Established by Law”
under Article 21, held that the procedure in Article 21 “has to be fair, just
and reasonable, not fanciful, oppressive or arbitrary. The “Procedure
established by law” is same as the “due process of law” as interpreted by the
American Constitution.
7. Mithu
v. State of Punjab:- The Supreme Court invalidated
Section 303 of Indian Penal Code, which provided for mandatory death sentence
for murder committed by a life convict.
8. Bachan
Singh v. State of Punjab:- The Supreme court
upheld the Constitutional validity of death penalty under Section 302 of the
Indian Penal Code read with Section 354 of Cr.pc.
9. Nandini
Satpathi v. P.L. Dani:- The police must inform the accused
that he has a right to call a lawyer before answering to any of their
questions.
10. Hussainara
khatoon v. Home Secretary, State of
Bihar:- The Supreme Court talked about the Speedy Trial.
The Court recognized the right to speedy trial and the right to legal aid
services.
11. Sheela
barse v. Union of India:- The Court held that
right to legal aid is a fundamental right under article 14 and Article 21 of
the constitution,
12. Mohd.
Ahmed Khan v. Shah Bano Begum:- Muslim Women has the
right to claim maintenance under Section 125 of Cr.PC. The Remedy under Section
125 is available to wife (including a divorced wife), irrespective of the
religion to which they belongs.
13. Indra
Sawhney v. union of India:- This case is also
known as Mandal Commission Case. The court has held that barring any
extraordinary situations reservation should not exceed 50 per cent.
14. Berubari
Union(I), Re:-
It was held that the preamble is not part of the constitution. This judgement
was overruled by 13 Judge Bench in Keshvananda
Bharti case and it was held that the
“Preamble is part of Indian Constitution”.
15. S.
R. Bommai v. Union of India:- The power of President
to issue Proclamation under Article 356
is not an absolute power. The Court also
held that “Secularism” was part of the Indian Constitution before the word
“Secular” was added in the preamble. The Court also declared “Secularism” as
the part of basic structure of the constitution. The Court also declared that
“Preamble indicates the basic structure of the constitution”.
16. R.
Rajagopal v. State of Tamilnadu:- The right to life
and liberty guaranteed under Article 21 of the constitution includes right to
privacy. It is a “right to be left alone”.
17. Minerva
Mill v. Union of India:- The Supreme Court held
the “ Harmony and balance between fundamental rights and directive principle is
an essential feature of the basic structure of the constitution”. The court
also invalidated the provision of 42nd amendment which under Article
31-C gave pre-eminence to all the directive principles against some of the
fundamental rights. Court also held that the Social Welfare Law cannot curtail
the fundamental rights.
18. Supreme
Court Advocate on-Record Association v. UOI (Third judge Case)- The
concept of Collegium System for the appointment of Judges in the higher
judiciary was laid down.
19. M.C.Mehta
v. Union of India, AIR
1987, SC 965- The Supreme Court evolved the concept of
“Absolute Liability”. The Court held that “where an enterprise is engaged in a hazardous or inherently dangerous
activity and harm results to anyone on account of an accident in the operation
of such hazardous or inherently dangerous activity resulting, for example, in
escape of toxic gas the enterprise is strictly and absolutely liable to
compensate all those who are affected by the accident and such liability is not
subject to any of the exceptions which operate vis-à-vis the tortious principle
of strict
liability under the rule in Rylands v.
Fletcher”.
20. M.C.
Mehta v. Kamal Nath:- The Concept of Public Trust
Doctrine was laid down. The state is the trustee of all the natural resources,
which are meant by nature for public use and enjoyment. These resources cannot
be converted into private property. The State being the trustee of natural
resources is under the legal obligation to protect such natural resources.
21. Sarla
Mudgal v. Union of India:- The case is related to
the offence of Bigamy, conflict between
the personal laws and a strong need for the uniform civil code in the country.
The court held that, the second marriage of Hindu man after being converted to
Islam, will be invalid if the first marriage has not been dissolved.
22. Vishaka
v. State of Rajasthan:- Court defined
“Sexual Harassment at work place” and laid down the guidelines that has to be
followed at the work place against sexual harassment.
23. NALSA
v. Union of India:- The Supreme Court
affirmed the Constitutional rights and freedom of the Transgender and
recognized them as the “Third Gender”.
24. Shreya
Singhal v. Union of India:- The Supreme Court
struck down Section 66A of the Information Technology Act (which violated
Freedom of Speech and Expression), declaring it to be unconstitutional.
25. Naz
Foundation v. Govt of NCT
of Delhi:- The Delhi High Court declared Section 377 of IPC,
which criminalizes Homosexuality in India, as unconstitutional and
violative of fundamental rights
guaranteed under Article 14, 15 and 21 of the Constitution. Later on in Suresh
Kumar Kaushal & Anr. V. NAZ Foundation & Others, the Supreme Court of
India struck down the decision of Delhi High Court and held the Section 377 of
IPC does not suffer from any constitutional infirmity and has left on the
legislature to deal with the legality of the Section.
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