Judgements Polity Sky
Judgements Polity Sky
Gopal-suicide-madras-detention-rollno 50(1950)
Filed-Akgopalam-preventive detention-his A21(life) voilates
1 1950 SC: we dont see how law made, we see what law says- as per a22, arrest is
correct
Procedure establish by law superior
President and Governers are Rustums, their ordinence power A123 cant be
7 1970
questioned, but intension can be questioned.
Aditya bharati-religious land-taken by govt-ceiling limit-Art31c intorduced
as judicial cant interfern. A26:religious affairs rights voileted also.
8 1973 SC said you cant curtail judiciary power, dont disturb BASIC STRUCTURE OF
CONSTITUTION. Dont amend FRs as u wish, give bharati land to gupta,
sorry, to her
Menaka- Ramba urvasi- we will fly to heaven, dont curtail our Art21
liberty,Art19 freedom of movement, Give VISA, SC SAID: You cant just
bring new art and add abcdf under it is not fair, we will see its
9 1978
RIGHT&JUST&FAIR.
Now onwards we will see DUE PROCESS OF LAW also.(Gopalan case
procedure establish by law followed), hence MENAKA GANDHI can FLY.
My mills- My property-My right, Indira said to implement DPSP we will
disturb all(we will distribute resouces equally-DPSP art 39a&b)
Right to property shifted from a31 to A360, No judicial review if dpsp
10 1980
viewed amendment.
SC ruled off 368(4)-no judicial review and said both FRs and DPSPs should
have harmony but not fight.
44 2019 SiDDiq-Das-ayoDya
50 2015
Name
Rajeev Kumar Gupta & Ors vs Union Of India & Ors (2016)
Justice K.S. Puttaswamy (Retd) vs UoI (2017)
Death Penalty
Death Penalty
Minority institutions, govt not funding it, then why govt interfering
in this matters
The right to know as a right derived from the right to freedom of
speech and expression
Voter’s right to know about politicians past, A19(1a), freedon of
speech and expression:expression of votes will be meaningful
only if he knows whom he casting his vote
Reservations in Promotions
Challenged Art 16(4A)- 77th and 85th CAA are challenges to Art
335 and Article 14
Reservations / PwDs
Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation)
Act, 1995
Privacy and Fundamental Rights
Ayodhya case
1986-2019
Freedom of speech---
MOVIE_RELEASE_PREMTIVE STOPPAGE due to fear of Law&Order
breakage
: RTI vs Official Secrets Act
famously known as ‘the Rafale case’.
Lt.Governer-Powers- Puduchchery
Reservations in Promotions
FR-a19-speech
Sedetion
Reservation
territory
FR-Property
Ordinence
FR-Property&religion
FR life liberty
FR Property
FR-death to die
FR-death to die
explanation
Supreme Court ruled that the Parliament doesn’t have the power to restrict
any of the Fundamental Rights enshrined in the Constitution. Hence, State
of Punjab couldn’t take away Golaknath or any other citizen’s land as Right
to Property was deemed to be fundamental. [Punjab Security and Land
Tenures Act, 1953] Beginning with its ruling in GOLAKNATH, the Court
developed jurisprudence around what was known as the basic structure
doctrine. According to this doctrine, the Court was in charge of preventing
the erosion of those enduring values that constitute the essence of
constitutionalism.
Shankari Prasad vs UoI Case, 1951;; FRS amendable
Sajjan Singh vs State of Rajasthan 1965;; FRS amendable
Now it is said FRs not amendabe in Golaknath
Supreme Court had held that in the rarest of rare cases, when the collective
conscience of the
community is so shocked that it will expect the holders of the judicial
power centre to inflict
death penalty, then death penalty may be sanctioned.
5 circumstances under which death sentence can be imposed
1. Manner of the commission of the murder
2. Motive of the murder
3. Anti-Social or Socially abhorrent nature of the murder
4. Magnitude of the crime
5. Personality of the victim of the crime
Under the Islamic law she was eligible for only one time maintenance of
5400, but SHAH Bano ask more than that.
SC said as divorce is uniform in all religions, govt should take initiation and
form some UNIFORM CIVIL CODE for common things in all religions,so that
it doesn't disturb their releifs.
The SC decided it in favour of Shah Bano using secular criminal procedure
code regardless of religion
Champakam Doarai Rajan vs State of Madras Case, 1951- Reservations
under Article 15(1) violates Article 29(2). Caste based reservations not
applicable. DPSP A 46 can’t be given precedence over FR.
Parliament passed 1st CAA, 1951- Art 15(4)- Reservations to backward
classes in Education
1953- Kaka Kalelkar- 1st BC Commission under A 340.
M.R.Balaji vs State of Mysore, 1962- Reservations under Art 15(4) , Art
16(4) should not cross 50% in jobs n promotions.
1979- B.P.Mandal- 2nd BC Commissio under A. 340
P.V. Narasimha Rao Government- 22.7%(SC,ST), 27% (OBCs), 10%(EBC)- Art
15(4), Art 16(4)
SC said:
✓ Backward class of citizens in Article 16(4) can be identified on the basis
of the caste system &
not only on economic basis.
✓ Article 16(4) is not an exception of Article 16(1). It is an instance of the
classification.
Reservation can be made under article 16(1).
✓ Backward classes in Article 16(4) were not similar to as socially &
educationally backward in
article 15(4).
✓ Creamy layer must be excluded from the backward classes while
providing the reservation.
✓ Article 16(4) permits classification of backward classes into backward &
more backward classes.
✓ A backward class of citizens cannot be identified only & exclusively with
reference to economic criteria.
✓ Reservation shall not exceed 50%.
✓ Reservation can be made by the ‘EXECUTIVE ORDER’.
✓ No reservation in promotion.
✓ Permanent Statutory body to examine complaints of over – inclusion /
under – inclusion.
✓ Majority held that there is no need to express any opinion on the
correctness or adequacy
of the exercise done by the MANDAL COMMISSION.
✓ Disputes regarding new criteria can be raised only in the Supreme Court
✓ Creamy layer must be excluded from the backward classes while
providing the reservation
1988-northeastren state central implemented prd rule with various
reasons.
In karnataka, SR BOMMAI-CM of karnataka failed to prove majority, so
governer suggested PRD rule,SR BOMMAI-CM of karnataka said give me
some time but they didnt listened
babri masjid issue- rajastan,up,nagaland-communal voilence-
uncontrollable-prd rule,
SC said implementing Prd rule is ok in babri masjid communal voilence
issue, but how can u do same in karnataka,
it is anti federalism, governer cant simply tell to dissolve assembly,
to dissolve it Parliement has to move resolution,
The verdict concluded that the power of the President to dismiss a State
government is not absolute.
Also PRD rule should be imposed not by prd will, it should be proclaimed by
any one house and later aproved by both houses, Governer and prd should
sit calm in this issue.
Actual case is UOI filed case on Association for democratic reforms that EIC
dont have power to amend procedure of elections, only we(parliement) can
do it, how they did it on words of SC,
SC said, on public intrest, if something not mentioned in constitution then
its independent body can add it.
RTI is under freedon of speech 19(1a), but after 2005 it is a satuatory right
now.
SC also comes under RTI
Other than sensitive information like witness, forewords etc wont come but
judges transfers, how many cases today etc will be applicable to us also
SC nullified section 8(4) of RPA which did not disqualify convicts who are
convicted for more than 2 years if they appealed in 3 months. This gave an
unfair advantage for representatives to proceed as a member in spite of
being convicted. SC court judgement ensured that any representative who
is convicted for more than 2 years stand disqualified for the sentence term
and till 6 years after the completion of the sentence. Art 102, 191-
Disqualifications in Election.
Right to Vote is a Statutory Right Sec 62 of RPA:::Sec 8 (4) of RPA is
unconstitutional as it violates Art 14.::
If a person is not qualified to be an elector, the person cant contest
Rule 49(O) of the conduct of Election Rules 1961 ensures that the presiding
officer records a voter has not voted in case if he doesn't want to vote after
he has been inked on the finger and entered his name on Form17-A. This is
against the right to secrecy enshrined in the elections. SC held that Right to
vote also includes a right not to vote and remain neutral. Right to secrecy is
the integral part of free and fair elections. People who didn't vote shouldn't
be victimized. Art 19(1)(a) and Article 21.
Right to Vote includes Right not to Vote:; Right to Secrecy of vote is part of
Free and Fair Elections::NOTA option in all direct elections
In this case The five judge bench of Supreme Court decided to hand over
the disputed
land of 2.77 acres in Ayodhya to a trust for the construction of Ram Mandir.
Under Article 142, ordered to give an alternate five acre tract of land
to the Sunni Waqf board to build the mosque.
The act of placing idols beneath the central dome of the mosque in 1949
was declared
to be an act of desecration i.e. acts of religious impurity.
Supreme Court in this case held that Right to internet forms a part of
freedom of speech and
expression under Article 19(1) (a) and ban of internet in the State of Jammu
and Kashmir is violative of it.
The court also stated that an order suspending internet services indefinitely
is impermissible
under the Temporary Suspension of Telecom Services (Public Emergency or
Public Service) Rules, 2017.
Faheema Sheirn vs State of Kerala- Right to Internet is a Basic Right