X-Factor Notes

Prepared by Civilsdaily Core Team & AIR 2, Animesh Pradhan

Nature of Constitution,
Constitutionalism,
Constitutional Morality

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 Table of Contents
Nature of Constitution, Constitutionalism, Constitutional Morality...................2
Previous Year Questions.................................................................................... 2
Answer Writing Framework...............................................................................3
Constitution....................................................................................................... 4
Functions of the Constitution.............................................................................4
Indian Constitution as ‘Bag of Borrowings’........................................................ 4
Constitution as a living document...................................................................... 6
Achievements of the Indian Constitution........................................................... 6
Limitations and Challenges................................................................................ 7
Principles of Constitutionalism.......................................................................... 7
Constitutional Morality......................................................................................8
Elements of Constitutional Morality.................................................................. 9
Constitutional Morality under the Indian Constitution...................................... 9
Significance of Constitutional Morality............................................................ 10
SC judgments on Constitutional Morality......................................................... 10
Criticism of Constitutional Morality..................................................................11
Difference between Constitutionalism and Constitutional Morality.................. 11
SC Judgments on Environment........................................................................ 12
16. SC Judgments on Gender Justice.................................................................13
17. SC Judgments on Children.......................................................................... 14
SC judgments on Tribals................................................................................... 14
SC judgments on Minorities..............................................................................15

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GS II - 01. Indian Constitution-Historical underpinnings & evolution; Features,
amendments, significant provisions, basic structure of Constitution

Nature of Constitution, Constitutionalism, Constitutional

Morality

Questions from this theme are increasing with time but solid narratives on the same are
missing pushing aspirants to write substandard answers merely consolidating what they
know.

Previous Year Questions

[2019] GSIV: What do you understand about the term "constitutional morality"? How does
one uphold constitutional morality? (10M)

[2021] ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its
essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant
judicial decisions. (10M)

[2022] “The most significant achievement of modern law in India is the

constitutionalization of environmental problems by the Supreme Court.” Discuss this
statement with the help of relevant case laws. (10M)

[2023] “The Constitution of India is a living instrument with capabilities of enormous

dynamism. It is a constitution made for a progressive society”. Illustrate with special
reference to the expanding horizons of the right to life and personal liberty. (15M)

[2023] Explain the constitutional perspectives of Gender Justice with the help of relevant
Constitutional Provisions and case laws. (15M)

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Answer Writing Framework
Questions on this topic are mostly analytical. To get Maximum marks, need to add precise
definitions, scholarly quotes, relevant Articles, and SC judgments.

Introduction

1. Start with definitions of the concepts. If the question is for 15 Mark, can also add
context.

Main Body

1. If the demand is to explain the meaning of the question then use diagrammatic
representation for highlighting elements/principles of that concept

For generating dimensions - Stakeholder Approach

1. Constitution - Rule of law, Supremacy, Morality, constitutionalism, living or

organic document, Coordination and equilibrium, Separation of Powers
2. Executive - Accountability, Preventing majoritarianism, Checks and balances
3. Legislature - Flexibility, Prevents Arbitrary Legislation
4. Judiciary - Guardian of FR and Constitution, Independence, Activism, Judicial
Review, Special powers (A 141, 142)
5. Society - Social Justice, Trust and confidence, Modernization, Affirmative Action
6. Substantiate these points using relevant examples, Articles and SC judgements - Keep
elaboration brief and try to cover more dimensions

For critical evaluation - C-I approach

1. Constitutional - Constitutional morality vs social morality, Subjectivity, vagueness,

lack of definition, Against Representative Democracy
2. Institutional - Judicial Overreach, Lacks popular legitimacy, Against Separation of
powers, Policy Paralysis

In case of critical evaluation, provide a brief way forward of 2-3 points

Conclusion

1. Add a quote of a scholar and link it with keywords like Egalitarian Society, Promotion
of FR, etc.
2. Keywords - Transformative Constitutionalism, magna carta of socio-economic
transformation, Constitutional supremacy,

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Quotes
On the significance of the constitution - “Constitution is not a mere lawyers’ document,
it is a vehicle of Life, and its spirit is always the spirit of Age.”- B.R. Ambedkar

On the nature of the constitution - “So long as you do not achieve social justice,
whatever freedom is provided by the law to you will be of no avail”- B.R. Ambedkar

On Constitutional Morality and constitutionalism - “However good a Constitution

may be, if those who are implementing it are not good, it will prove to be bad. However bad a
Constitution may be, if those implementing it are good, it will prove to be good”.- B.R.
Ambedkar

Constitution
The Constitution serves as the foundational law on which other laws are constructed and
enforced. The Constitution establishes the fundamental structure of the political system,
upholds the rule of law, and delineates the powers and duties of government organs.

Functions of the Constitution

Coordination rules for diverse groups: It establishes fundamental guidelines enabling
minimal coordination among members of a diverse society. For instance, Part III outlines
principles of equality, non-discrimination, and individual rights, fostering a cohesive and
inclusive society.

It delineates the distribution of power in society and delegates specific decision-making

authority to various entities or authorities. For eg. the 7th Schedule divides the legislative
power between the Union and State governments.

The Constitution both empowers and constrains the State's authority. It allows the
government to realize societal aspirations and implement principles of justice, liberty, and
fraternity. Simultaneously, it establishes boundaries on the government's ability to impose
restrictions on its citizens. For eg. while Articles 15 and 16 prohibit the government from
discriminating against citizens, they also provide for affirmative action in favor of vulnerable
groups.

The constitution also sets forth the fundamental principles and objectives that govern the
establishment and governance of a state. Examples include the Preamble and the
Directive Principles of State Policy (DPSP).

Indian Constitution as ‘Bag of Borrowings’

Indian Constitution is often criticized as a Bag of Borrowings, having its features picked up
from various other Constitutions.

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Arguments in favor
1. Fundamental Rights borrowed from the United States Constitution.
2. Directive Principles of State Policy is inspired by the Irish Constitution
3. Parliamentary System including the bicameral legislature and the role of the
Prime Minister, mirrors the British model.
4. Federal Structure with a strong central government was influenced by the
Canadian Constitution.
5. Emergency Provisions were derived from the Weimar Constitution of Germany.
6. Fundamental Duties was inspired by the Soviet Constitution.
7. The concurrent List was borrowed from the Australian Constitution.
8. Judicial Review was adopted from the American system

Arguments Against
‘Nobody holds any patent rights in fundamental ideas of the Constitution’ - Ambedkar. The
crafting and implementation of its provisions were guided and adapted by Indians to
accommodate the diverse local realities. Eg - Federalism.

Indian civilizational values: Equality, fraternity, liberty, federalism, republic,

democracy, etc. can be traced back to ancient Indian history and scriptures. For eg-

a. The secularism in the Indian Constitution is influenced by ‘sarva dharma sambhav’

b. The Rig Veda emphasizes the idea of the unity of all beings and the absence of
discrimination based on caste or birth.
c. The Arthashastra calls individual liberties and property rights as essential
components of good governance
d. The establishment of the "Mahasangha" or the Great Assembly in ancient India is
considered an early form of a republic.
e. The concept of "Sabha" and "Samiti" in ancient texts reflects democratic practices.

Not blind but innovative and modified borrowing- For eg. The U.S. Constitution
envisions the Bill of Rights, whereas our Constitution includes not only Rights but also
Fundamental Duties for all citizens of India.

Certain basic features are common in all the democratic constitutions in the world. Eg.
Protection of individual rights, separation of powers, rule of law, and mechanisms
for representative government, such as elections and checks and balances.

Extensive deliberation- The Constitution is the result of brainstorming for 2 years, 11

months, and 18 days where each provision was extensively debated.

Many provisions were of Indian origin. Eg. Finance Commission, Reservation, etc.

Even at present, the Indian judiciary remains open to applying foreign constitutional
doctrines in domestic cases, aiming to stay current and embrace best practices. Eg. in
the Maneka Gandhi case, the Supreme Court expanded the scope of personal liberty under
Article 21 of the Indian Constitution by drawing on the U.S. concept of "due process of law."

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Constitution as a living document
According to Woodrow Wilson, living political Constitutions must be Darwinian in
structure and in practice.

Although the Constitution is a permanent document, it is designed to apply to future

situations and conditions. The words and expressions used must be interpreted with an
understanding of social values and adapted to changing needs. Eg- SC's interpretation of the
Right to Privacy as an integral part of the Right to Life and Personal liberty under Article 21.

Balance between rigidity and flexibility Article 368 enables it to sustain the core basic
structure while amending the rest according to the changes in society. Eg. Right To
Education, Amending Article 370, GST Act, etc.

Social and Economic Changes: The Constitution has demonstrated its adaptability in
addressing social and economic changes. Amendments related to land reform, reservation
policies, and environmental protection reflect the responsiveness to evolving social
dynamics.

Inclusivity: According to President Droupadi Murmu, the makers created a

comprehensive Constitution due to their sensitivity towards each section of society and
awareness of each level of democracy and each aspect of administration. As Constitution
makers had clarity of thought about the rights of future generations to create systems
according to their needs, the provision for Constitutional amendments was included in the
Constitution itself

Achievements of the Indian Constitution

Thriving democracy: It established the framework delineating the fundamental political
code, rights, and duties of both the government and citizens, earning the title of the world's
largest secular and democratic country.

The Constitution, owing to its dynamic nature, has facilitated the progressive realization
of rights, adapting to emerging principles like the Right to Privacy, LGBTQ Rights, and
Environmental Rights.

The Constitution's transformative nature has served as a beacon for social progress, with
India evolving to recognize various rights such as the Right to Information (RTI), Right to
Education (RTE), Right to Sexual Orientation, etc.

The Constitution ushered in a new era of social justice in Indian society by prohibiting
any form of social discrimination and instituting affirmative actions to rectify historical
injustices. Eg- recent Constitution (106th Amendment) Act, 2023.

Limitations and Challenges

The Indian society continues to grapple with issues like caste oppression,
untouchability, wealth concentration, and poverty, suggesting a perceived failure of

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the Constitution in fully realizing its objectives of ensuring comprehensive social and
economic justice. Eg. the continuation of inhuman practices such as manual scavenging.

The principle of fraternity, which emphasizes a sense of brotherhood and unity among
citizens, has faced challenges due to communal riots and secessionist movements in
various parts of the country.

The multiple amendments, exceeding 100, are indicative of challenges in achieving a

stable and enduring framework for governance.

Declaration of President’s Rule, Governors as agents of central government undermines the

principles of federalism envisioned by the framers.

Constitutionalism
Technically speaking, Constitutionalism is "a compound of ideas, attitudes, and patterns of
behavior elaborating the principle that the authority of government derives from and is
limited by a body of fundamental law."

A Constitution alone does not ensure that the government will act in its spirit. Governments
often justify increasing their powers, which can go against the people's will.
Constitutionalism ensures that government actions remain aligned with constitutional
principles and the people's will.

In the I.R. Coelho case, the Supreme Court held that “constitutionalism is a legal principle
that requires control over the exercise of Governmental power to ensure that it does not
destroy the democratic principles upon which it is based”.

In the Rameshwar Prasad case, the Supreme Court held that “the constitutionalism or
constitutional system of Government abhors absolutism - it is premised on the Rule of Law
in which subjective satisfaction is substituted by objectivity provided by the provisions of the
Constitution itself”.

Principles of Constitutionalism
Louis Henkin defines constitutionalism as constituting the following 9 elements:

1. Government according to the constitution - The written constitution provides

for the codification of fundamental laws and principles into a single, formal
document that serves as the supreme law of the land.
2. Separation of power - it prevents the concentration of power, ensures checks and
balances, and safeguards against potential abuses, thereby promoting accountability
and the rule of law within a constitutional framework.
3. Sovereignty of the people and democratic government - The ultimate
authority lies with the people who elect representatives, ensuring government
accountability and participation in the democratic process.
4. Constitutional review - SC in Raja Ram Pal case and I.R. Coelho case 2007 has
reshaped the whole demarcation and established the superiority of principles such as
Basic Structure Theory enhancing the spirit of constitutionalism.

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 5. Independent judiciary - to ensure that laws are applied fairly, protecting
individual rights and upholding the rule of law without external influence.
6. Limited government subject to a bill of individual rights - The government's
powers are restricted by a constitution that protects personal freedoms, preventing
arbitrary or unjust actions.
7. Rule of law - ensures that laws are applied uniformly to all individuals, upholding
equality and legal predictability, while also constraining government powers within
defined legal limits to prevent arbitrary actions and protect fundamental rights.
8. Civilian control of the military - Civilian elected authorities maintain control
over the military, ensuring it remains subordinate to democratic institutions and
preventing political interference.
9. No state power, or very limited and strictly circumscribed state power, to
suspend the operation of some parts of, or the entire, constitution.

Constitutional Morality
“Constitutional morality is not a natural sentiment. It has to be cultivated”.

Constitutional morality implies adherence to the core principles and spirit of the
Constitution in a democracy. It is not just limited to following the constitutional provisions
in their literal sense but includes a commitment to an inclusive and democratic political
process in which both individual and collective interests of the society are satisfied.

Transformative constitutionalism: It entails instilling principles such as equality,

liberty, fraternity, and dignity into society and achieving the Constitution's primary goal of
transforming society for the better. It tries to give paramount significance to Constitutional
morality rather than what constitutes morality in society.

Elements of Constitutional Morality

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Constitutional Morality under the Indian Constitution
Preamble: The Preamble of the Constitution articulates the guiding values, including
justice, liberty, equality, and fraternity, which form the foundation of constitutional morality.

Fundamental Rights: The Constitution guarantees Fundamental Rights to citizens,

reflecting the commitment to individual freedoms and liberties. The ever expanding scope of
Fundamental Rights suggests alignment with the ideals of Constitutional Morality.

Directive Principles of State Policy(DPSP): Articles 38, 39, and 41, among others,
within the DPSP outline socio-economic goals and principles for the state, reflecting a
commitment to social justice, equality, and individual well-being.

Separation of Powers(Article 50): The Constitutional framework establishes separation

of powers among the legislative, executive, and judicial branches, promoting a system of
checks and balances that ensures accountability and prevents the abuse of power.

Judicial Review: The power of judicial review, inherent in the Constitution, allows the
judiciary to assess the constitutionality of laws and government actions, ensuring they align
with constitutional values and morality.

Amendment Process: The provision for amending the Constitution underscores its
adaptability to changing societal values while maintaining its core principles, demonstrating
a commitment to evolving constitutional morality.

Constitutional Institutions: The establishment of constitutional bodies and institutions,

such as the Election Commission and the Comptroller and Auditor General, reinforces the
adherence to constitutional principles and morality in the functioning of the government.

Significance of Constitutional Morality

Ambedkar saw constitutional morality as the ability to balance conflicting interests
and encourage cooperation to resolve issues peacefully, without major confrontations or
violence. He believed Constitutional Morality addresses societal disparities and
emphasized respect for constitutional democracy as the accepted form of governance
and administration.

Positive Transformation in Societal Morality - Constitutional morality can help

update laws that are outdated. According to Granville Austin constitutional morality is a
living principle that evolves with time, guiding society towards higher ideals and progressive
change. Eg - Change in social attitude towards Sati after the law prohibiting Sati.

In Government of NCT of Delhi v. Union of India, the Supreme Court equated

constitutional morality to a 'second basic structure doctrine', stating that it
encompasses more than just the forms and procedures of the Constitution; it provides a
framework that enables societal self-renewal.

Building Public Trust - In the Lt Governor of Delhi case, SC proclaimed

constitutional morality as a governing idea that highlights the need to preserve the trust of
people in the institution of democracy.

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Upholds Fundamental Principles: Ensures that the core values of justice, liberty,
equality, and fraternity guide the interpretation and implementation of laws.

Ensures Accountability: Holds government and public institutions accountable to the

principles enshrined in the Constitution. According to Nani Palkhivala, constitutional
morality serves as a safeguard against the tyranny of the majority and is crucial for
preserving the rights of minorities and individuals.

SC judgments on Constitutional Morality

The phrase had been used in less than 10 reported cases by the Supreme Court till 2010 from
the time the Constitution was adopted. However, in the year 2018 alone, it has been used in
more than 10 reported cases by the Supreme Court.

In the Kesavananda Bharati case, two judges invoked the term Constitutional Morality
but didn't deal with it in detail. Also, in the SP Gupta case (First Judges' case), it was stated
that there was a serious breach of Constitutional Morality.

Holding that constitutional morality would prevail over social morality, the Supreme Court
in the Navtej Singh Johar case, 2018 struck down Section 377 of the Indian Penal Code
and declared such provision unconstitutional in so far as it criminalized consensual sexual
conduct between adults of same-sex.

In the Sabarimala verdict, SC ruled that the exclusion of women aged 10-50 from worship
at Sabarimala Temple violates four key principles of constitutional morality: justice, liberty,
equality, and fraternity. SC reaffirmed religious freedom, gender equality, and the right of
women to worship, by bypassing the “doctrine of essentiality”.

Joseph Shine Case - The Supreme Court noted that constitutional morality must guide the
law and not the common morality of the State. Thus, it struck down Section 497 of IPC,
which made adultery a crime.

Criticism of Constitutional Morality

Some critics argue that the concept of constitutional morality remains understudied and
there is a need for a consensus to be reached for defining and applying this concept.

The application of this doctrine without proper limits or restrictions has the potential to
result in judicial overreach, raising concerns about a violation of the separation of
powers.

The concept of constitutional morality is subjective, with its interpretation varying based
on individual or institutional perspectives. This subjectivity may lead to justifications for
different actions and decisions, raising concerns about inconsistency and potential
misuse.

Against social morality- Critics assert that constitutional morality lacks popular
legitimacy as it may not always align with the prevailing public sentiment or morality. The
argument suggests that imposing constitutional morality without considering broader public

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consent could lead to a perceived disconnect between legal principles and societal values. Ex-
opposition to Sabarimala Verdict.

Difference between Constitutionalism and Constitutional

Morality

Constitutionalism Constitutional Morality

It is a political philosophy emphasizing It goes beyond legal compliance,

limited government powers defined by a emphasizing adherence to moral
constitution. principles in a constitution.

It promotes the rule of law, ensuring Involves an ethical foundation,

government actions adhere to established recognizing the moral and ethical
legal principles, and involves checks and dimensions of constitutional principles.
balances to prevent the concentration of
power in any one branch of government.

Protects individual rights and liberties Guides the interpretation and application of
through constitutional provisions. constitutional provisions based on broader
ethical considerations.

Focuses on the structural and Acknowledges the evolution of societal

procedural aspects of governance. values and the need for contemporary
interpretations.

For eg. - The Indian Constitution, from a In the Puttaswamy case (2017), the SC
constitutionalism standpoint, doesn't recognized the right to privacy as a
explicitly mention a right to privacy as a fundamental right, interpreting the
fundamental right. Constitution in a way that aligns with
contemporary ethical values.

SC Judgments on various aspects

Active Judiciary judgments

1. Kesavananda Bharati v. State of Kerala (1973): concept of the "Basic structure" of
the constitution, asserting that certain core principles and features cannot be altered through
constitutional amendments, ensuring the integrity and stability of the constitutional
framework.
2.Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court expanded
the scope of personal liberty under Article 21, declaring that it includes all freedoms
guaranteed by the Constitution.
3.SR Bommai Case (1994): The judgment emphasized the importance of constitutional
norms and federalism in dealing with issues related to the dismissal of elected state
governments.
4. Vishaka v. State of Rajasthan (1997): The Supreme Court, in the absence of specific
legislation, laid down guidelines to prevent and redress sexual harassment, showcasing the
judiciary's proactive role in protecting fundamental rights.
5. Right to Privacy (Puttaswamy case): The judgment expanded the scope of Article 21
to include the individual's right to privacy, marking a significant development in the

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protection of personal autonomy.
6. Right to Marriage (Hadiya case): The judgment reinforced the autonomy of
individuals in matters of marriage and upheld the principle of individual choice as an
integral part of the right to life and personal liberty..
7. Decriminalization of Section 377 (Navtej Singh Johar case): The judgment
affirmed the rights of LGBTQ+ individuals and upheld the principles of equality and
non-discrimination.
8. Prevent Honor Killing (Shakti Vahini case): The judgment emphasized the need for
preventive measures and protection of couples exercising their right to marry outside
traditional societal norms.
9. Address Environmental Pollution (MC Mehta case).

SC Judgments on Environment
Vellore Citizens Welfare Forum case: The Court emphasized the polluter pays principle
and held that Article 21 of the Indian Constitution includes the right to a healthy
environment.

M.C. Mehta case (1986): This case laid the foundation for the “Public Trust Doctrine,”
which holds that natural resources are held in trust by the state for the benefit of the public.
The court issued orders to close down several polluting industries.

Subhash Kumar v. State of Bihar (1991): The court recognized the right to a
pollution-free environment as an integral part of the right to life under Article 21.

A.P. Pollution Control Board v. Prof. M.V. Nayudu (2001): The court reiterated the
importance of the “Polluter Pays” principle and held that industries causing environmental
degradation must pay compensation for the damage caused.

T.N. Godavarman Thirumulpad v. Union of India (2012): The court established the
concept of “intergenerational equity” and directed the closure of illegal mining and
unauthorized construction within forests.

Centre for Public Interest Litigation v. Union of India (2011): The court took a
strong stance against illegal mining in Goa and Karnataka, emphasizing the importance of
sustainable mining practices and environmental conservation.

16. SC Judgments on Gender Justice

Vishaka & Ors. v. State of Rajasthan: The court observed that as per Articles 14(2),
19(1)(g), and 21(4), every profession, trade, or occupation should provide a safe working
environment to all the employees. Using powers under Article 141, the court provided certain
guidelines to deal with cases of Sexual Harassment of women at workplaces.

Laxmi v. Union of India: This case led to the enactment of Section 357-A in the CrPC
which provides compensation to the victims of acid attack or their dependents. The Supreme
Court announced a minimum compensation of 300000₹ to all the victims. Section 357-C was
also inserted in the CrPC which provides that all hospitals be it a centrally run hospital, a
state-run hospital or a private hospital shall provide first aid to an acid attack victim free of
cost.

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Shayara Bano v. Union of India (Triple Talaq case): The Supreme Court held the
practice followed by Muslim husbands of taking divorce by saying talaq thrice as
unconstitutional.

Naz Foundation v. Government of NCT of Delhi: the apex court held Section 377 of
the Indian Penal Code, 1860 as unconstitutional for violating Article 14, 15, 19, and 21 of the
Constitution to the extent of criminalizing consensual intercourse between two adults.

State Of Maharashtra And Another vs Madhukar Narayan Mardikar(1991):

According to the Supreme Court, every woman has a right to sexual privacy, which cannot be
subjected to invasion by anyone at any time.

Independent Thought v. Union of India(2017): In this landmark case, the Supreme

Court of India held that the exception to Section 375(2) of the Indian Penal Code, which
allows for non-criminalization of marital rape, is unconstitutional and violates the rights of
women. The court also held that sexual intercourse with a minor wife below the age of 18
would constitute statutory rape, irrespective of marital status.

Secretary, Ministry of Defence v. Babita Puniya (2020): The Supreme Court, in this
case, held that the Short Service Commission (SSC) women officers in the Indian Army are
entitled to Permanent Commission (PC) on par with their male counterparts. The judgment
emphasized gender equality and recognized the commitment and service of women officers
in the armed forces.

Lt. Col. Nitisha v. Union of India (2021): This case involved a plea by a woman officer
seeking direction from the Army to grant her Permanent Commission. The Supreme Court
directed the Indian Army to grant Permanent Commission to women officers who had opted
for it and completed 14 years of service, reiterating the principles of gender equality and
non-discrimination.

Mary Roy v. State of Kerala: It is a landmark judgment of 1986 pronounced by the

Supreme Court of India recognizing the rights of Christian women related to intestate
successions.

Gaurav Jain v. Union of India (1997): The Supreme Court held that the denial of
maternity leave to a female employee due to her pregnancy was discriminatory and violated
the principles of equality.

17. SC Judgments on Children

Bachpan Bachao Andolan vs Union of India: In the PIL filed by BBA, the Supreme
Court issued notice to the central government and the NCPCR following a BBA PIL seeking
the implementation of guidelines for the safety of children in schools.

Society of Private Unaided Schools vs. Union of India: The apex court upheld the
constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009.

Bachpan Bachao Andolan vs. Union of India: The Supreme Court recognized
trafficking as an organized crime and defined it in accordance with the United Nations
Convention Against Transnational Organised Crime (UNCTOC). The court also ordered a
total ban on the use of children in circuses.

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J. K. Mittal v. State of Haryana (2002): The Supreme Court directed the state
government to take measures to prevent child labor and ensure the welfare of children
involved in the hazardous industry of firecracker manufacturing.

Vishal Jeet vs Union of India: The Supreme Court issued directions to the State
Government for eradicating child prostitution and setting up rehabilitative homes for such
children.

Court on its own motion vs State of Delhi: The Delhi High Court laid down guidelines
– to ensure sensitivity of the criminal justice system towards victims of child sexual abuse;
the responsibilities of the police, the manner in which medical examination should be
conducted, recording of a statement by the magistrate, and the procedure before the trial
court.

SC judgments on Tribals
Samatha v. State of Andhra Pradesh(1997): The judgment clarified that tribal land
cannot be transferred to non-tribals without the approval of the government, protecting the
land rights of tribal communities.

Nandini Sundar v. State of Chhattisgarh(2011): The Supreme Court issued guidelines

to ensure the protection of tribal rights and prevent human rights violations in conflict zones.

Gram Sabha, Village Khamti v. State of Arunachal Pradesh(2019): The judgment

highlighted the significance of tribal self-governance, the protection of their customary rights
and the autonomy of Gram Sabhas in decision-making processes related to land and
resources..

Forest Rights Committee, Tikamgarh v. State of Madhya Pradesh(2019): The

judgment emphasized the need for proper implementation of the FRA to protect the rights of
tribals over forest land.

Kailas & Others v. State of Maharashtra(2011): The Supreme Court emphasized the
importance of fair compensation, rehabilitation, and the need to safeguard the rights and
interests of tribal communities affected by development projects.

SC judgments on Minorities
T.M.A. Pai Foundation v. State of Karnataka(2002): The Supreme Court upheld the
autonomy of minority educational institutions, recognizing their right to establish and
administer institutions of their choice.

Mohd. Hanif Quareshi v. State of Bihar(1959): The judgment balanced the religious
practices of minorities with the state's interests in preserving public order and preventing
cruelty to animals.

St. Xavier's College Society v. State of Gujarat(1974): The Supreme Court, in this
case, affirmed the autonomy of minority educational institutions, emphasizing that they have
the right to admit students of their choice and administer their internal affairs without
interference from the government.

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Bal Patil v. Union of India(2005): This case dealt with the interpretation of the term
"linguistic minorities" under Article 30 of the Constitution, which provides rights to
minorities to establish and administer educational institutions. The Supreme Court clarified
the scope of linguistic minorities and their rights under the Constitution.

S.R. Bommai v. Union of India(1994): While not specific to minorities, the judgment
emphasized the secular nature of the Constitution and the importance of protecting minority
rights in the political context.

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