Wednesday, 18 December 2024

Constitution of Bharat: Article 13: Part 10

 Here are 10 significant judgments from the Supreme Court and High Courts of India between 1978 and 1990 concerning Article 13 of the Constitution of India, along with their significance:

  1. Maneka Gandhi vs. Union of India (1978): This case expanded the interpretation of personal liberty under Article 21 and established that the procedure established by law must be fair, just, and reasonable.

  2. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency.

  3. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency.

  4. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency.

  5. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency.

  6. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency.

  7. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency.

  8. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency.

  9. State of Uttar Pradesh vs. Raj Narain (1975): This case led to the declaration of Indira Gandhi's election to the Lok Sabha as invalid, which was one of the triggers for the declaration of the Emergency. 

  10. Minerva Mills Ltd. vs. Union of India (1980): This landmark case reaffirmed the basic structure doctrine established in the Kesavananda Bharati case. The Supreme Court struck down clauses of the 42nd Amendment as they were inconsistent with the basic structure of the Constitution.

  11. Akhil Bharatiya Soshit Karamchari Sangh (Railway) vs. Union of India (1981): The Supreme Court ruled that a trade union has the right to file writ petitions on behalf of its members. The judgment emphasized the importance of protecting fundamental rights under Article 13.

  12. Bachan Singh vs. State of Punjab (1980): In this case, the Supreme Court upheld the constitutional validity of the death penalty but laid down strict guidelines for its application. The judgment highlighted the need for laws to align with fundamental rights.

  13. Maneka Gandhi vs. Union of India (1978): This judgment expanded the scope of Article 21 and established that laws infringing upon personal liberty must be fair, just, and reasonable. This case underscored the importance of procedural due process.

  14. Sunil Batra vs. Delhi Administration (1978): The Supreme Court ruled that prisoners retain their fundamental rights except those lost as an inherent consequence of imprisonment. This case emphasized the protection of prisoners' rights under Article 13.

  15. Mithu vs. State of Punjab (1983): The Supreme Court struck down Section 303 of the Indian Penal Code, which mandated the death penalty for life convicts committing murder, as unconstitutional. The judgment highlighted the importance of protecting fundamental rights.

  16. Olga Tellis vs. Bombay Municipal Corporation (1985): This case recognized the right to livelihood as part of the right to life under Article 21. The Supreme Court held that laws depriving individuals of their livelihood must be just, fair, and reasonable.

  17. D.S. Nakara vs. Union of India (1983): The Supreme Court held that pensioners form a class by themselves and cannot be arbitrarily divided. The judgment reinforced the principle of equality under Article 14 and its relationship with Article 13.

  18. S.P. Gupta vs. Union of India (1981): Known as the Judges' Transfer case, this judgment expanded the scope of judicial independence and transparency. It emphasized that laws affecting the judiciary must align with fundamental rights.

  19. Bandhua Mukti Morcha vs. Union of India (1984): The Supreme Court held that bonded laborers have a fundamental right to be released and rehabilitated. This case reinforced the importance of laws protecting fundamental rights under Article 13. 

  20. State of Kerala vs. N. M. Thomas (1980): This case established that the principle of equality under Article 14 applies to all persons, including those who are not citizens of India.

  21. Francis Coralie Mullin vs. Administrator, Union Territory of Delhi (1981): The Supreme Court held that the right to live with human dignity is part of the right to life under Article 21, and any law infringing upon this right would be void under Article 13.

  22. Mithu vs. State of Punjab (1983): The Supreme Court struck down Section 303 of the Indian Penal Code, which mandated the death penalty for life convicts committing murder, as unconstitutional under Article 13.

  23. Olga Tellis vs. Bombay Municipal Corporation (1985): This case recognized the right to livelihood as part of the right to life under Article 21. The Supreme Court held that laws depriving individuals of their livelihood must be just, fair, and reasonable.

  24. D.S. Nakara vs. Union of India (1983): The Supreme Court held that pensioners form a class by themselves and cannot be arbitrarily divided. The judgment reinforced the principle of equality under Article 14 and its relationship with Article 13.

  25. S.P. Gupta vs. Union of India (1981): Known as the Judges' Transfer case, this judgment expanded the scope of judicial independence and transparency. It emphasized that laws affecting the judiciary must align with fundamental rights.

  26. Bandhua Mukti Morcha vs. Union of India (1984): The Supreme Court held that bonded laborers have a fundamental right to be released and rehabilitated. This case reinforced the importance of laws protecting fundamental rights under Article 13.

  27. Akhil Bharatiya Soshit Karamchari Sangh (Railway) vs. Union of India (1981): The Supreme Court ruled that a trade union has the right to file writ petitions on behalf of its members. The judgment emphasized the importance of protecting fundamental rights under Article 13.

  28. Sunil Batra vs. Delhi Administration (1980): The Supreme Court ruled that prisoners retain their fundamental rights except those lost as an inherent consequence of imprisonment. This case emphasized the protection of prisoners' rights under Article 13.

  29. M.C. Mehta vs. Union of India (1987): The Supreme Court held that industries causing environmental pollution must take measures to prevent it. The judgment emphasized that laws infringing upon the right to a clean environment would be void under Article 13.

  30. These cases further illustrate the judiciary's role in interpreting and upholding fundamental rights under Article 13 during this period

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