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Landmark Cases

A collection of notable judgments and legal analysis.

Gayatri Balasamy v. M/s ISG Novasoft Technologies Ltd.

A 3-judge bench clarified that courts under Sections 34 & 37 of Arbitration Act have limited jurisdiction to correct patent illegality, not re-appreciate evidence.

Electoral Bond Case: ADR v. Union of India

A 5-judge bench unanimously struck down the Electoral Bond Scheme as unconstitutional, citing violations of the right to information under Article 19(1)(a).

Bilkis Yakub Rasool v. Union Of India & Ors.

A 2-judge bench quashed Gujarat's remission of 11 convicts in the Bilkis Bano gang rape case, declaring it illegal and ordering their re-imprisonment.

Waqf Tribunal Jurisdiction: Maha. Waqf Board v. Shaikh Chawla

A 2-judge bench clarified the exclusive jurisdiction of Waqf Tribunals under the Waqf Act, 1995, overturning a High Court decision.

M. Siddiq (D) Thr. LRs. v. Mahant Suresh Das & Ors.

A 5-judge bench resolved the Ayodhya title dispute, granting the entire 2.77 acres to Ram Lalla Virajman deity while directing alternate land for a mosque.

Indian Young Lawyers Association v. State Of Kerala

A 5-judge bench (4:1) struck down the ban on entry of women aged 10-50 into Sabarimala Temple as unconstitutional.

Joseph Shine v. Union Of India

A 5-judge bench unanimously struck down Section 497 (adultery) of IPC as unconstitutional, ending criminal liability for adultery.

Navtej Singh Johar & Ors. v. Union Of India

A 5-judge bench unanimously decriminalized consensual homosexual acts, partially reading down Section 377 IPC.

Justice K.S. Puttaswamy (Retd.) v. Union Of India

A 9-judge bench unanimously declared Right to Privacy as a fundamental right under Article 21, overruling earlier judgments.

Shayara Bano v. Union Of India & Ors.

A 5-judge bench (3:2) struck down the practice of Triple Talaq (instant divorce) as unconstitutional and violative of Article 14.

Shreya Singhal v. Union Of India

A 2-judge bench struck down Section 66A of IT Act, 2000 as unconstitutional, protecting freedom of speech on the internet.

National Legal Services Authority v. Union Of India & Ors.

A 2-judge bench recognized transgender persons as "third gender" and affirmed their right to self-identify under Article 21.

People's Union for Civil Liberties v. Union Of India

A 3-judge bench directed introduction of "None of the Above" (NOTA) option in elections, recognizing the right not to vote for any candidate.

Lily Thomas v. Union Of India

A 2-judge bench struck down Section 8(4) of RPA, 1951, removing the protection for convicted MPs/MLAs from immediate disqualification.

Aruna Ramchandra Shanbaug v. Union Of India & Ors.

A 2-judge bench legalized passive euthanasia in India while dismissing the petition to withdraw life support for Aruna Shanbaug.

I.R. Coelho (Dead) By LRs. v. State Of Tamil Nadu

A 9-judge bench held that laws in 9th Schedule enacted after Kesavananda Bharati can be subject to judicial review if they violate basic structure.

Lily Thomas, Etc. v. Union Of India & Ors.

A 2-judge bench reaffirmed that a Hindu man cannot convert to Islam and enter polygamy while the first marriage subsists, following Sarla Mudgal.

Vishaka & Ors. v. State Of Rajasthan & Ors.

A 3-judge bench laid down "Vishaka Guidelines" to prevent sexual harassment at workplace until legislation was enacted.

L. Chandra Kumar v. Union Of India & Ors.

A 7-judge bench restored judicial review powers of High Courts under Article 226/227, striking down the exclusion clause in tribunals legislation.

S.R. Bommai v. Union Of India

A 9-judge bench laid down stringent guidelines for President's Rule under Article 356, making it subject to judicial review.

SCAORA v. Union of India

A 9-judge bench (7:2) overruled S.P. Gupta, establishing the Collegium system with primacy of CJI in judicial appointments.

Indra Sawhney v. Union of India

A 9-judge bench upheld 27% OBC reservations while limiting total reservations to 50% and excluding "creamy layer".

Mohini Jain v. State of Karnataka

A 2-judge bench declared right to education as part of Article 21, striking down capitation fees in medical colleges.

M.C. Mehta v. Union of India

A 5-judge bench evolved absolute liability doctrine for hazardous industries, departing from the Rylands v Fletcher rule.

Olga Tellis v. Bombay Municipal Corporation

A 5-judge bench held right to livelihood as integral to Article 21, but upheld pavement dweller evictions with procedural safeguards.

Mohd. Ahmed Khan v. Shah Bano Begum

A 5-judge bench directed maintenance to divorced Muslim women under CrPC, triggering nationwide debate on uniform civil code.

S.P. Gupta v. Union of India

A 7-judge bench held executive has primacy in judicial appointments; later overruled by Second Judges Case (1993).

Minerva Mills v. Union of India

A 5-judge bench struck down clauses of 42nd Amendment that gave primacy to DPSPs and removed judicial review limits.

Bachan Singh v. State of Punjab

A 5-judge bench (4:1) upheld death penalty's constitutionality, establishing "rarest of rare" doctrine for capital punishment.

Maneka Gandhi v. Union of India

A 7-judge bench expanded Article 21, requiring fair, just and reasonable procedure, overruling A.K. Gopalan's narrow interpretation.

ADM Jabalpur v. Shivkant Shukla

A 5-judge bench (4:1) held during Emergency, right to life under Article 21 can be suspended, allowing detention without remedy.

Indira Gandhi v. Raj Narain

A 5-judge bench struck down constitutional amendments granting PM immunity from election challenges, upholding free and fair elections.

Kesavananda Bharati v. State of Kerala

Largest ever 13-judge bench (7:6) established the Basic Structure Doctrine, limiting Parliament's power to amend the Constitution's core features.

I.C. Golaknath v. State of Punjab

An 11-judge bench (6:5) overruled earlier decisions, holding Parliament cannot amend Fundamental Rights; introduced prospective overruling.

Sajjan Singh v. State of Rajasthan

A 5-judge bench (3:2) reaffirmed Parliament's power to amend Fundamental Rights, though minority judges expressed doubts, hinting at basic features.

Berubari Union Case (Re: Presidential Reference)

An 8-judge bench advised that Parliament cannot cede territory using Article 3; a Constitutional Amendment under Article 368 is required.

Shankari Prasad Singh Deo v. Union of India

A 5-judge bench upheld Parliament's power under Article 368 to amend Fundamental Rights, distinguishing it from ordinary 'law' under Article 13(2).

State of Madras v. Champakam Dorairajan

A 7-judge bench struck down caste-based reservations, establishing primacy of Fundamental Rights over DPSPs, leading to the First Amendment.

A.K. Gopalan v. State of Madras

A 6-judge bench upheld the Preventive Detention Act, 1950, taking a narrow view of Article 21 regarding 'procedure established by law'.