LANDMARK JUDGEMENTS

Prepared & presented by –

Rajendrre Bist
Objective of the session-
• Courts cases that changed India.
• Recent cases/controversies.
The Preamble
The Preamble
 Important Articles of Indian Constitution
● Article 1 –India, that is Bharat, shall be a Union of States.
● Article 5 – Citizenship at the commencement of Constitution.
● Article 11 – Parliament to regulate the right of citizenship.
● Article 14 – Equality before law.
● Article 15 – Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth.
● Article 15(4) – State can make any special provision for
advancement of any Socially and Educationally backward
class of citizens.
● Article 16 – Equality of opportunity in public employment.
● Article 16(4) – State can make provision for reservation of
appointment in favour of any backward class of citizens
which is not adequately represented in the services.
 Important Articles of Indian Constitution
● Article 17 –Abolition of untouchability.
● Article 19 (1) – All citizens shall have the right –
● (a) to freedom of speech & expression
● (b) to assemble peaceably & without arms
● (c) to form associations or unions
● (d) to move freely throughout India
● (e) to reside & settle in any part of India
● (g) to practice any profession, occupation, trade or business
● Article 19 (2) – Reasonable restrictions on above rights can
be imposed.
● Article 21 – Protection of life and personal liberty.
● Article 25 – Freedom of conscience and free profession,
practice and propagation of religion.
 Important Articles of Indian Constitution
● Article 29 –Protection of cultural rights of minorities.
● Article 30– Protection of educational rights of minorities.
● Article 32 – Right to approach court for enforcement of
fundamental rights.
● Article 44 – State shall try to bring Uniform Civil Code.
● Article 46 – State shall promote educational & economic
interests of weaker sections, esp. SCs & STs.
● Article 51-A – 11 Fundamental Duties of citizens.
● Article 58 – Any citizen >35 years is eligible to be President.
● Article 72 – Power of President to grant pardon.
● Article 74 – A council of ministers, headed by PM, to aid &
advise the President.
● Article 110 – Lok Sabha to decide if bill is Money Bill.

●
 Important Articles of Indian Constitution
● Article 112 –Annual Financial Statement or Union Budget.
● Article 123 – Power of President to promulgate ordinance.
● Article 124 – Appointment of judges in Supreme Court.
‘Security of tenure’.
● Article 142 – Extraordinary power of Supreme Court to issue
any order necessary for doing complete justice.
● Article 156 – A council of ministers, headed by CM, to aid &
advise the Governor.
● Article 246 – Parliament has exclusive power to make laws
on matters enumerated in ‘union list’ of 7th schedule.
● Article 251 – Laws by Parliament shall prevail over state
assemblies in case of any contradiction.
● Article 256 – Executive machinery of state shall ensure
compliance with laws made by Parliament.
 Important Articles of Indian Constitution
● Article 280 –Finance Commission to decide states’ share in
total divisible pool of tax revenue. Cooperative federalism.
● Article 123 – Power of President to promulgate ordinance.
● Article 124 – Appointment of judges in Supreme Court.
‘Security of tenure’.
● Article 142 – Extraordinary power of Supreme Court to issue
any order necessary for doing complete justice.
● Article 156 – A council of ministers, headed by CM, to aid &
advise the Governor.
● Article 246 – Parliament has exclusive power to make laws
on matters enumerated in ‘union list’ of 7th schedule.
● Article 251 – Laws by Parliament shall prevail over state
assemblies in case of any contradiction.
● Article 256 – Executive machinery of state shall ensure
compliance with laws made by Parliament.
 Important Articles of Indian Constitution
● Article 340 –Appointment of Backward Class commission.
● 1955 – 1st Backward Class Commission or Kalelkar Commission
● 1980 – 2nd Backward Class Commission or Mandal Commission.
● Article 343 – Official languages. 8th schedule.
● Article 343 (2) – English to remain official language for 15 years.
● Article 352 – Proclamation of National Emergency.
● Grounds – (i) war (ii) external aggression (iii) armed rebellion
● Article 356 – State Emergency/President’ rule.
● Grounds – failure of constitutional machinery in the state.
● Imposed by President on recommendation of Union Cabinet.
● State Govt. – terminated; State Assembly – suspended animation.
● Executive function to be performed by Governor.
● Legislative function to be performed by Parliament.
● Article 360 – Financial Emergency.
 Important Articles of Indian Constitution
● Article 368 –Power of Parliament to amend constitution.
“Basic Structure” doctrine (Kesavananda Bharti Case, 1973)
● Article 370 – Special Status to J&K.
● Exempts J&K from Indian Constitution (except Article 1 & 370).
● State to have its separate constitution.
● Concurrence of J&K govt. for application of Parliamentary laws
related to matters not included in Instrument of Accession (IoA).
● Defence, External Affairs & Communication.
● J&K Constitution – 26th November 1956.
● Article 35-A; Presidential Order 1954.
● Article 370(3) permits its deletion by a Presidential order.
● “pacta sunt servanda”
● Article 371 – Special provisions for 11 other states.
Sedition Law in India
Sedition Law In India
▫ Section 124-A of Indian Penal Code (IPC)
● “any person who, by words or signs or pictures,
attempt to excite disaffection towards the
government established by law…”
● Includes – disloyalty & enmity
● Excludes – disapprobation/disapproval of govt.
policies
● Cognizable & non-bailable offence.
● 3yrs jail to life imprisonment.
Sedition Law In India
▫ History –
● Drafted in 1837 by Thomas McCaulay.
● Inserted in IPC in 1870
● E.g. – Tilak, Gandhi, Nehru, Medha Patekar,
Aseem Trivedi, Jaitley, JNU, Pathalgarhi tribes
● NCRB 2018, 70 cases (2018), 51 cases (2017)
Sedition Law In India
▫ Arguments in favour –
● Deal with anti-national, terrorist & secessionists.
● Avoid violent & illegal overthrow of govt. Maoist.
● If ‘contempt of court’ is punishable, why not
‘contempt of govt’?
▫ Arguments against –
● Unfair curb on freedom of speech & expression.
● Not reasonable ground mentioned in Art. 19(2).
● misused to suppress political dissent.
● No chargesheet filed in 70% cases; only 2
convictions.
● Law Commission recommended its abolition.
● Even Britain had abolished it.
Sedition Law In India
▫ Supreme Court’s stand –
● Kedar Nath Case (1962)
● Upheld the constitutional validity of the law.
● Strong words/speech without a connection to
violent public disorder will not be sedition.
● Balwant Singh Case (1995)
● Are “azadi from India” slogans seditious?
● Mere raising of slogans in not sedition.
● Intent or possibility of violence by slogans not
sufficient
● Actual evidence of violence will attract sedition.
Special status to J&K – Art. 370 &
35-A
▫ Article 370
● Framed on – 17th October 1949
● Framed by – Sheikh Abdulla & N. Gopalaswami
Ayyangar
● Provisions –
● Exempted J&K from Indian Constitution (except
Article 1 & 370).
● Permitted J&K to draft its own constitution.
● Restricted Parliament’s legislative powers w.r.t. J&K.
▫ “concurrence” of J&K govt. mandatory for extending a
central law in the state on subjects not included in
Instrument of Accession (IoA).
● IoA signed on 26th October 1947; Raja Hari Singh
Special status to J&K – Art. 370 &
35-A
▫ Article 370
● A temporary provision?
● Delhi HC, Kumari Vijayalakshmi Case (2017);
● Supreme Court, Sampat Prakash Case (1969)
● Can it be deleted?
● Art. 370 (3) permits deletion by Presidential order.
● ‘concurrence’ of J&K Constituent Assembly.
● Provisions –
Special status to J&K – Art. 370 &
35-A
▫ Article 35-A
● Introduced by a Presidential order in 1954.
● Defines ‘permanent resident’ & their privileges in
J&K.
▫ Objections to Art. 370 & 35-A
● Unequal/preferential treatment to one state.
● Prevents full ‘integration’ of J&K in India.
● Hindrance in development of J&K.
● Makes dealing with terrorism difficult.
● Emotive issue for BJP; Dr. Shyama Prasad Mukherjee.
● Argument against abrogation –
● Promises broken
▫ pacta sunt servanda
● Faulty procedure used.
● Temporary or permanent?
Ram Janmbhoomi-Babri Masjid Verdict
● 40 days hearing; 2nd largest in India.
● 5-0 unanimous verdict
● CJI Ranjan Gogoi, SA Bobde, DY Chandrachud,
Ashok Bhushan, Abdul Nazeer.
● 3 Parties –
● Ram Lalla Virajman
● Sunni Waqf Board
● Nirmohi Akhada
● Verdict –
● 2.67 acre disputed land to Ram Lalla.
● 5-acre alternate land to Sunni Waqf Board.
● Role in temple management trust to Nirmohi Akhada
● Places of Worship Act, 1991 to prevent similar other
disputes.
Food for thought!
▫ Section 144 & other methods of crowd control.
▫ Right to Protest.
▫ Right to Privacy.
▫ Uniform Civil Code (UCC).
▫ Personal Data Protection Bill 2019.
▫ Women-specific laws –
● Vishakha Guidelines, Sexual Harassment at Workplace
Act 2013, Domestic Violence Act 2005, Disha Act 2019,
POCSO Act 2012
▫ Anti mob lynching act in Rajasthan.
▫ Kesavananda Bharti Case 1973.
▫ SR Bommai Case 1994.
▫ Indra Sawhney Case 1993.
Thank You !!