Indian Constitutional Amendments

Landmark Supreme Court Cases

• 1967: SC ruled that Fundamental Rights (FR) cannot be amended under Article 368, leading to the 24th Constitutional Amendment Act, 1971, which amended Articles 13 and 368.
• 1973: Keshavananda Bharati Case established the Basic Structure Doctrine, stating that Parliament can amend FR subject to the basic structure of the Constitution.
• 1975: Indira Gandhi vs. Raj Narain Case: SC invalidated provisions of the 39th CAA, 1975, which stated that no court has jurisdiction over election disputes of the Prime Minister, ruling that democracy and judicial review are part of basic structure.

More Landmark Cases

• 1978: Maneka Gandhi vs. Union of India Case: SC overruled the AK Gopalan Case, introducing the Due Process of Law doctrine, and allowing the judiciary to question the reasonableness and validity of laws.
• 1980: Minerva Mills Case strengthened the Basic Structure Doctrine, invalidating some provisions of the 42nd CAA, 1976, and reinforcing that the Constitution, not Parliament, is supreme.
• 1981: Waman Rao Case reiterated the Basic Structure Doctrine, drawing a line of demarcation at April 24, 1973, the date of the Keshavananda Bharati judgement.

More Cases and Rulings

• 1982: First Judges Case: SC opined that consultation in Article 124 implies an exchange of views, not concurrence.
• 1984: Neerija Choudhary Case: SC held that bonded labour demeans Right to Life (Article 21) and that the government must enact policies to eliminate bonded labour.
• 1985: Shah Bano Case: SC ruled that Muslim women have the Right to receive maintenance from their husbands when divorced, despite traditional Muslim laws.

More Landmark Cases

• 1993: Indira Sawhney Case: SC upheld 27% reservation for OBCs in public employment, subject to a 50% cap, and introduced the Creamy Layer concept to identify advanced groups within Backward Classes.
• 1998: Third Judges Case: SC opined that the CJI must consult a collegium of four senior-most judges, and that recommendations made without complying with the consultation process are not binding on the government.

Recent Cases

• 2006: Bihar Assembly Dissolution Case: SC held that the Governor of a state does not enjoy immunity from Judicial Review, and Courts can invalidate malafide actions of the Governor.
• 2007: IR Coelho Case: SC ruled that the 9th Schedule of the Constitution is subject to Judicial Review, but only for laws enacted after April 24, 1973, when the Basic Structure Doctrine was established.

More Recent Cases

• 2013: Lily Thomas vs. Union of India Case: SC ruled that any MLA, MLC, or MP found guilty of a crime and given a minimum of 2-year imprisonment would cease to be a member of the House with immediate effect.
• 2013: People's Union of Civil Liberties vs. Union of India Case (NOTA Case): Introduced the NOTA (None-Of-The-Above) option for Indian voters.
• 2014: National Legal Services Authority (NALSA) Case: Recognized transgender persons as a third gender.

Recent Rulings

• 2015: Shreya Singhal vs. Union of India Case: Struck down restrictions on online speech introduced in Section 66A of the Information Technology Act, 2000.
• 2015: Fourth Judges Case (NJAC Case): Declared the 99th CAA, 2014, and the National Judicial Appointments Commission Act of 2014 unconstitutional, reinstating the collegium system.
• 2017: Justice K.S. Puttaswamy vs. Union of India Case: Right to privacy is protected as a fundamental right under Articles 14, 19, and 21.
• 2017: Shayara Bano Case (Triple Talaq Case): SC outlawed the practice of instant ‘triple talaq’.

Recent Rulings (Continued)

• 2018: Navtej Singh Johar vs. Union of India Case: SC ruled Section 377 of IPC, which criminalized consensual sexual conduct between adults of the same sex, unconstitutional.
• 2022: Janhit Abhiyan vs. Union of India (EWS Reservation Case): Upheld the legality of the 103rd CAA, providing reservation in educational institutes and jobs for the economically weaker sections.
• 2023: Supriyo vs. Union of India Case: The right to marry is a statutory right, not a constitutional right, and only Parliament can recognize marriage between non-heterosexual couples.
• 2024: Association for Democratic Reforms vs. Union of India Case: Struck down the Union's 2018 Electoral Bonds scheme, citing violation of voters' right to information enshrined in Article 19(1)(a) of the Constitution.