2022-07-06 10:12:57
List of important SC cases sorted by topic.
Use these in your GS2 and GS3 Mains answers.
• Separation of Powers:
Bhim Singh Case: a strict separation of powers is neither possible, nor desirable.
2nd Judges case:
In case of conflict between judiciary and executive, judiciary takes precedence. Collegium instroduced.
University of Kerala case: 2 judge bench said that judiciary cannot take the role of interim parliament when relevant provisions are missing.
• Federalism competitive, cooperative -
SR Bommai case: Guidelines to be followed before proclamation of President's Rule in a state.
Govt of NCT Delhi vs LG Case: LG has no independent decision making power.
• Checks and balances
Krishna Kumar Singh case: Failure to place an ordinance before the legislature constitutes abuse of power and a fraud on the Constitution.
IR Coelho case: All laws shielded by the 9th schedule are subject to the test of Art 14, 19 and 21.
• Transparency
SC Agarwal case: Transparency and accountability are necessary for judicial independence. CJI is a public functionary and subject to RTI.
SC Agarwal vs Congress case: SC declared political parties as public functionaries under RTI. Another case pending in SC.
• Accountability
Youth Bar Association case: FIR for sensitive cases to be uploaded within 48 hours. Copy to be given to accused too.
Cooper case: President's satisfaction for promulgating an ordinance can be questioned in a court on the grounds of malafide.
• Judicial activism - examples
Arjun Gopal case: Banning fireworks in Delhi NCRs.
Vellore Citizen's Welfare Forum case: When threats of serious and irreversible damage exist, the absence of scientific certainty shouldn't be the reason for delaying measures to prevent degradation.
• Secularism
Shirur Mutt case: Essential religious practices to be determined from the doctrines of the religion itself.
Ramesh Yeshwant Prabhoo: In 1995, 3 judge bench ruled that Hindutva is a way of life, appeals based on Hindutva not disqualified under section 123(3) of RPA.
Abhiram Singh vs CD Commachen case: In 1996 a 7-judge bench held that appealing to the ascriptive identities of any candidate and that of the voters constitutes a 'corrupt practice' under Section 123(3) of the RPA.
• Basic structure
Golak Nath case: Difference between legislative and constituent powers of the Parliament.24th Amendment: Article 368 says that judiciary can't review Amendments.
Kesavananda Bharti case: Basic structures doctrine.
Minerva Mills: 42nd Amendment struck down because it violates basic structure. Parliament can't use it's limited power to amend to give itself unlimited powers.
IR Coelho case: All laws shielded by the 9th schedule are subject to the test of Art 14, 19 and 21.
Read all of them and more such cases in a single post:
https://www.upscprep.com/important-supreme-court-cases/
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