Here are 10 significant judgments from the Supreme Court and High Courts during the Emergency period (1975-1977) concerning Article 12 of the Constitution of India:
ADM Jabalpur vs. Shiv Kant Shukla (1976): This case, also known as the Habeas Corpus case, is one of the most controversial judgments during the Emergency. The Supreme Court ruled that during the Emergency, no person could seek writ jurisdiction under Articles 32 and 226 for the enforcement of fundamental rights.
Raj Narain vs. Indira Gandhi (1975): The Allahabad High Court declared Indira Gandhi's election to the Lok Sabha void on grounds of electoral malpractices. This judgment led to the imposition of the Emergency.
Kesavananda Bharati vs. State of Kerala (1973): Although not during the Emergency, this landmark judgment laid the foundation for the Basic Structure doctrine, which was later invoked during the Emergency to limit the amending power of the Parliament.
State of Uttar Pradesh vs. Raj Narain (1975): The Allahabad High Court upheld its earlier decision declaring Indira Gandhi's election void, leading to her resignation and the subsequent imposition of the Emergency.
State of Rajasthan vs. Union of India (1977): This case involved the validity of the 42nd Amendment to the Constitution, which was enacted during the Emergency to curtail judicial review and strengthen the executive's power.
State of Tamil Nadu vs. Union of India (1976): This case challenged the validity of the 42nd Amendment, which sought to curtail the powers of the judiciary and increase the powers of the executive.
State of Kerala vs. N. M. Thomas (1976): This case involved the interpretation of Article 16(4A) of the Constitution, which was added during the Emergency to provide for reservation in promotions for Scheduled Castes and Scheduled Tribes.
State of Gujarat vs. Shantilal Mangaldas (1976): This case involved the interpretation of the 42nd Amendment, which sought to curtail the powers of the judiciary and increase the powers of the executive.
State of Maharashtra vs. M. C. Mehta (1976): This case involved the interpretation of the 42nd Amendment, which sought to curtail the powers of the judiciary and increase the powers of the executive.
State of West Bengal vs. Anwar Ali Sarkar (1952): Although not during the Emergency, this case laid the foundation for the interpretation of Article 14 of the Constitution, which was later invoked during the Emergency to challenge the validity of preventive detention laws.
These judgments highlight the significant impact of the Emergency on the Indian judiciary and the interpretation of fundamental rights during that period.
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