Professional Documents
Culture Documents
Case Laws For GS2 - Compiled by D
Case Laws For GS2 - Compiled by D
Article 12 R. D. Shetty’s case: This case enumerated the following five factors, which
would determine whether a body comes under the definition of State as
defined in Article 12 of the Constitution:
Financial resources of the State, where State is the chief funding source
i.e. the entire share capital is held by the government.
Deep and pervasive control of the State
The functional character being Governmental in its essence, meaning
thereby that its functions have public importance or are of a
governmental character.
A department of Government transferred to a corporation.
Enjoys “monopoly status” which State conferred or is protected by it.
Article 21 A – Right to Education Unnikrishnan v SoAndhraPradesh : Right to education is a part of right to life
Mohini Jain Case : Private institutes charging Capitation Fee is against 21A
Governor SR Bommai - stop the blatant abuse of Article 356
BP Singhal and DC Wadhwa case for ordinances by Governor
Secularism S.R. Bommai case
Scope of Article 32 MC Mehta and UOI (1986) - rule of Absolute Liability or Rylands vs Fletcher to
be followed; issue of compensation; Environment Law
Scope and extent of Article 16(4), Indira Sawhney and UOI(1992)
reservation of jobs in favour of
backward classes
th
9 schedule I.R Coelho and State of Tamil Nadu 2007
Power of judicial review L Chandra Kumar Case (1997)- vested in the Supreme Court and High Courts
by Articles 32 (Right to Constitutional Remedies) and 226 respectively is a
part of the basic structure of the Constitution
Capital punishment Bacchan Singh vs State of Punjab (1980)
Trials and Custody Husain Ara Khatu v State of Bihar : Right to fair and speedy trial
Prem Shankar Shukla Case : Right against Handcuffing
Sunil Batra vs Delhi Administration : Right against solitary confinement
DK Basu v State of West Bengal : Right against custodial violence
Protest/Right to protest TK Rangarajan vs govt of TN: Govt employees have no fundamental right to
resort to strike
Ramlila Maidan Incident vs UOI (2012): citizens have a fundamental right
to assembly and peaceful protest which cannot be taken away by an arbitrary
executive or legislative action.
Mazdoor Kisan Shakti Sangathan (MKSS) vs UOI(2018): SC upheld the
fundamental right to assembly and peaceful protest but ordered it to be
regulated in such a way that they do not cause inconvenience to residents
Shaheen Bagh Judgement:
1. The court upheld the right to peaceful protest against a law but made it
clear that public ways and public spaces cannot be occupied and that too
indefinitely.
2. The right to protest in a public place should be balanced with the right of
the general public to move freely without hindrance.
3. Fundamental rights do not live in isolation. The right of the protester has to
be balanced with the right of the commuter and has to co-exist in mutual
respect.
*Not at all an exhaustive list, just bare minimum case laws one can quote in GS answers
Feel free to add over these notes
Compiled by D