50 Important Supreme

Court Judgements

2023

It said that a constitutional amendment act enacted to abridge or

take away the fundamental rights is not void of article 13(2)

Abstract
Theme : Right to life SC contented that there was no violation of Fundamental Rights
enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention
Act, if the detention was as per the procedure established by law. {Preventive Detention Act
1950} Here, the SC took a narrow view of Article 21. The majority opinion in the A.K.
Gopalan case was that article 21 covering procedure established by law would simply mean
the law established by the state.

Scholarcy Synopsis
The Supreme Court argued that as long as the detention followed the
procedure established by law, it did not violate the fundamental
rights outlined in Articles 13, 19, 21, and 22.

The Supreme Court has made several important rulings on various themes.
It has taken a narrow view of Article 21 in relation to the Preventive Detention Act, stating
that as long as the detention is as per the established procedure, there is no violation of
Fundamental Rights.
The court has also emphasized the importance of freedom of speech and expression, ruling
that pre-censorship on a journal is a restriction on the liberty of the press.
It has declared that the Parliament has the power to amend the Fundamental Rights
guaranteed in Part III of the Constitution.
The court has also discussed the basic structure of the Constitution and the expansion of
rights under Article 21.
It has laid down guidelines for awarding the death penalty and has addressed issues related
to reservations, bigamy through conversion of religion, minority institutions, and freedom
of speech online.
The court has also made significant rulings on the administration of NCR Delhi, federalism,
and the Rafale deal.
Scholarcy Highlights
 Theme : Right to life SC contented that there was no violation of Fundamental Rights
enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention
Act, if the detention was as per the procedure established by law. {Preventive Detention
Act 1950} Here, the SC took a narrow view of Article 21
 Theme : Freedom of speech and expression SC ruled that freedom of speech lay at the
foundation of all democratic organisations. {Madras Maintenance of Public Order Act
1949} The full court ruled that the imposition of pre-censorship on a journal is a
restriction on the liberty of the press, which is an essential part of the right to freedom
of speech and expression under Article 19 (1)(a)
 Theme : Amendability of Fundamental Rights This case dealt with the amendability of
Fundamental Rights {the First Amendment’s validity was challenged} The SC contended
that the Parliament’s power to amend under Article 368 includes the power to amend
the Fundamental Rights guaranteed in Part III of the Constitution
 It said that a constitutional amendment act enacted to abridge or take away the
fundamental rights is not void of article 13(2)
 Theme : Basic structure of the Constitution Declared that Article 31C of the constitution
which was inserted by 24th Constitutional amendment to give unrestricted powers to
parliament in enacting a law which is against judicial review. 25th CAA- Right to
Property is removed from Fundamental Rights

Scholarcy Summary

50 Important Supreme
{Madras Maintenance of Public Order Act 1949} The full court ruled that the imposition of
pre-censorship on a journal is a restriction on the liberty of the press, which is an essential
part of the right to freedom of speech and expression under Article 19 (1)(a).

It said the freedom of speech and expression is one of the most valuable rights guaranteed
to a citizen by the Constitution and should be jealously guarded by the courts.

It incites violence or disaffection towards the Government established by the law

50 Important Supreme Court Judgements

Berubari Union case (1960) Golaknath Vs State of Punjab (1967) Rustom Cavasjee Cooper
vs Union Of India – (1970) Kesavananda Bharati vs State of Kerala Case (1973) Maneka
Gandhi vs UoI case (1978).

The 9th constitutional Amendment Act was passed to enforce the agreement.- Article 368
(Special Majority), Article 3 (Simple Majority) 100th CAA- Transfer of Enclaves between
India and Bangladesh.
Theme : Basic structure of the Constitution Declared that Article 31C of the constitution
which was inserted by 24th Constitutional amendment to give unrestricted powers to
parliament in enacting a law which is against judicial review.

Theme: Expansion of rights under Article 21 The Court reiterated that the term ‘personal
liberty’ is of “the widest amplitude and it covers a variety of rights which go to constitute
the personal liberty of a man.”.

Some of those rights have been raised to the status of distinct fundamental rights and given
additional protection under Article 19.

The ‘procedure established by law’ has acquired the same significance in India as the ‘due
process of law’ clause in America

Procedure
Minerva Mill vs Union of India (1980) Bachan Singh v. State of Punjab(1980) Machhi Singh
And Others vs State Of Punjab(1983).

FR> DPSP; Constitutional Law comes under the definition of Law under Art 13(2)
Kesavananda Bharati vs State of Kerala Case (1973)- FR can be amended but limited power
with the Parliament.

Theme: Death Penalty The Supreme Court, in Bachan Singh v. State of Punjab 1980, had laid
down that life imprisonment is the rule and death sentence is an exception and certain
guidelines should be followed before a court may award death penalty: ✓ Only in the
gravest cases of extreme culpability, this extreme penalty of death may be awarded; ✓ The
circumstances of the offender along with the circumstances of the crime have to be taken
into consideration.

Theme: Reservations ✓ Backward class of citizens in Article 16(4) can be identified on the
basis of the caste system &.

State Of Karnataka (2002) Union of India v. Association for Democratic Reforms (2002)

Nagaraj vs Union of India Case (2006)

Theme: Bigamy through conversion of Religion Marriage resulting from conversion to
Muslim from any other faith during the existence of previous marriage before conversion is
deemed void even when Muslim Personal Law (Shariat) Act allows polygamy.

Because such conversion is not exercise of freedom under Art 25 but rather it is a
fraudulent act without the change in one’s faith.

Marriage resulting from such a conversion is void due to violation of Art.21

It has raised pertinent issues for having a Uniform Civil Code and the 227th Report of The
18th Law Commission of India in August 2009 have made this issue of preventing Bigamous
marriage though Conversion to Islam it’s subject.
Sarla Mudgal v. Union of India Case 1995 was upheld in Lily Thomas v. Union of India

State Of Karnataka (2002)

Theme : Minority institutions Karnataka Prohibition of Capitation Fee Act, 1984 The TMA
Pai Foundation was a landmark 11-judge order which laid down the contours of
governmental regulations on private institutions and still occupies the education field in so
far as the constitutionality of statutes and regulations is concerned.

The Election Commission was directed to secure affidavits by candidates recording all
particulars relating to past or pending criminal charges or cases against them

This included information as to whether the candidate was convicted/acquitted/discharged

of any criminal offence in the past.

If convicted, the quantum of punishment that was awarded; and whether prior to six
months of filing of nomination, the candidate was accused of an offence punishable with
minimum two years of imprisonment

Since this judgment, the disclosures of criminal antecedents, educational qualifications and
assets have been made mandatory under Representation of People's Act, 1951 (RoPA).

Separation of the investigation and law and order functions

A nine-member bench of Supreme Court held that ninth schedule items are not immune to
judicial review as it is part of the constitution.

Theme: Freedom of Speech online The SC declared Section 66A of IT Act, 2000 as
unconstitutional and struck it down

The court said such a law, which was often misused by police in various states to arrest
innocent persons for posting critical comments about social and political issues and leaders
on social networking sites.

Theme : Reservations / PwDs Persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995 In a landmark case argued by the Disability Law
Initiative, the Supreme Court on 30th June 2016 held as illegal the Government of India
instructions disallowing reservation in promotion for persons with disabilities.

It added that Aadhaar is to empower the marginalised sections of the society, and it gives
them an identity

38_ Puttaswami and Others Vs UoI 2018

Top quotes: "Education took us from thumb impression to signature; technology has taken
us from signature to thumb impression, again",.

Theme: Administration of NCR Delhi- Federalism A five-judge Constitution Bench of the

Supreme Court ruled that decisions of the elected government of Delhi do not require the
concurrence of the Lt Governor who only needs to be informed.
The Supreme Court in this case stated that Right to freedom of speech and expression
cannot be restricted by fear of mob violence and public officials are subject to the rule of
law.

SC dismissed all the review petitions and gave a clean chit to the NDA government
effectively denying the corruption allegations in the Rafale deal regarding the purchase of
36 Rafale fighter jets

The court in this case highlighted that the documents which are covered under the Official
Secrets Act, 1923 can be produced in the court as evidences in the interest of public
justicei.e. thecourt can rely on such documents in order to do justice and its unauthorized
publication do not affect its evidentiary value.