LANDMARKS JUDGMENTS

PRERNA FOR IAS

LANDMARKS JUDGMENTS

1. A.K. Gopalan vs State of Madras (1950)

A.K. Gopalan v. State of Madras was one of the earliest constitutional cases on personal liberty. The Supreme Court upheld preventive detention and interpreted Article 21 narrowly. It held that “procedure established by law” was sufficient. This view was later expanded in the Maneka Gandhi judgment to better protect individual rights.

2. Romesh Thappar vs State of Madras (1950)

Romesh Thappar v. State of Madras strengthened freedom of speech and expression under Article 19(1)(a). The Court struck down restrictions on a journal’s circulation and emphasized that free political discussion is essential for democracy. It remains a landmark judgment protecting press freedom and civil liberties.

3. Shankari Prasad vs Union of India (1951)

Shankari Prasad v. Union of India upheld Parliament’s power to amend Fundamental Rights through constitutional amendments under Article 368. The Court ruled that constitutional amendments are not “law” under Article 13, thereby allowing Parliament to alter constitutional provisions, including those related to Fundamental Rights.

4. Re Berubari Union Case (1960)

Re Berubari Union Case dealt with the transfer of Indian territory to another country. The Court held that cession of territory requires a constitutional amendment. It also stated that the Preamble was not part of the Constitution, a view later changed in Kesavananda Bharati.

5. Sajjan Singh vs State of Rajasthan (1965)

Sajjan Singh v. State of Rajasthan reaffirmed Parliament’s authority to amend Fundamental Rights. The Supreme Court upheld the validity of constitutional amendments and continued the approach taken in Shankari Prasad. However, differing opinions in the case laid the foundation for future constitutional debates.

6. Golaknath vs State of Punjab (1967)

Golaknath v. State of Punjab held that Parliament could not amend Fundamental Rights. The Court considered constitutional amendments as “law” under Article 13. This decision significantly limited Parliament’s amending power and eventually led to constitutional amendments and the Kesavananda Bharati judgment.

7. Kesavananda Bharati vs State of Kerala (1973)

Kesavananda Bharati v. State of Kerala established the Basic Structure Doctrine. The Court held that Parliament can amend any part of the Constitution but cannot destroy its basic structure. It remains the most important constitutional judgment safeguarding democracy, federalism, secularism, and judicial review.

8. Indira Nehru Gandhi vs Raj Narain (1975)