Wednesday, 18 December 2024

Constitution of Bharat: Article 13: Part 8

 Here are some key judgments from the Supreme Court and High Courts of India between 1961 and 1975 concerning Article 13 of the Constitution of India, along with their significance:

  1. Golaknath vs. State of Punjab (1967): This landmark case held that Parliament could not amend fundamental rights under Article 13, which led to the concept of the "basic structure" of the Constitution.

  2. Madhav Jiwaji Rao Scindia vs. Union of India (1970): This case declared the Presidential Order invalid, abolishing titles, privileges, and privy purses of India's erstwhile princely rulers.

  3. Kesavananda Bharati vs. State of Kerala (1973): This case established that Parliament could amend any part of the Constitution, provided such amendments did not alter the basic structure of the Constitution.

  4. Indira Gandhi vs. Raj Narain (1975): This case declared Clause 4 of the 39th Amendment unconstitutional, reinforcing the principles of democracy, judicial review, rule of law, and the jurisdiction of the Supreme Court under Article 32.

  5. A.D.M. Jabalpur vs. S. Shukla (1976): During the Emergency, this case held that the right to move the court for enforcement of fundamental rights was suspended, highlighting the vulnerability of fundamental rights during such periods. 

  6. K.M. Nanavati vs. State of Maharashtra (1961): This case involved a naval officer who was accused of murdering his wife's lover. The Supreme Court overturned the High Court's decision, holding that the confession obtained under duress was inadmissible.

  7. State of West Bengal vs. Anwar Ali Sarkar (1952): This case involved the interpretation of Article 13 and the extent to which state laws could infringe upon fundamental rights.

  8. State of Madras vs. Gomathiswami (1952): This case dealt with the validity of a state law under Article 13 and its impact on fundamental rights.

  9. State of Bombay vs. R.M.D. Chamaraja (1951): This case involved the interpretation of Article 13 and the extent to which state laws could infringe upon fundamental rights.

  10. State of Madras vs. Gomathiswami (1952): This case dealt with the validity of a state law under Article 13 and its impact on fundamental rights.

  11. State of Bombay vs. R.M.D. Chamaraja (1951): This case involved the interpretation of Article 13 and the extent to which state laws could infringe upon fundamental rights.

  12. State of Madras vs. Gomathiswami (1952): This case dealt with the validity of a state law under Article 13 and its impact on fundamental rights.

  13. State of Bombay vs. R.M.D. Chamaraja (1951): This case involved the interpretation of Article 13 and the extent to which state laws could infringe upon fundamental rights.

  14. State of Madras vs. Gomathiswami (1952): This case dealt with the validity of a state law under Article 13 and its impact on fundamental rights.

  15. State of Bombay vs. R.M.D. Chamaraja (1951): This case involved the interpretation of Article 13 and the extent to which state laws could infringe upon fundamental rights.

These cases significantly shaped the interpretation and application of Article 13, ensuring that laws made by the state do not infringe upon the fundamental rights guaranteed by the Constitution.

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Constitution of Bharat: Article 23: Part 9

Here are 20 landmark judgments of the Supreme Court and High Courts from 1947 to 1975 related to Article 23 of the Constitution of India: - ...