Name and write briefly about the landmark legislation which brought changes in citizens life in India
Answers
1. Jury decision overturned by High Court (KM Nanavati v State of Maharashtra) - 1961
Hardly an open-and-shut case, the nature of the crime garnered media attention.
This case is notable for being the last case when a jury trial was held in India. KM Nanavati, a naval officer, murdered his wife's lover, Prem Ahuja. The jury ruled in favour of Nanavati and declared him "not guilty" which was eventually set aside by the Bombay High Court.
2. Amendment masquerades as law (IC Golaknath v State of Punjab) - 1967
Parliament's prevented from taking away individual rights.
In the highly famous case of Golaknath V State of Punjab in 1967 the Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights of individuals mentioned in the Constitution. Parliament's overarching ambitions nipped in the bud (Keshavananda Bharti vs State of Kerala) 1973.
3. Elected representatives cannot be given the benefit of doubt
A highly notable case which introduced the concept of "basic structure" of the constitution of India and declared that those points decided as basic structure could not be amended by the Parliament. The case was triggered by the 42nd Amendment Act.
4. Beginning of the fall of Indira Gandhi (Indira Gandhi v Raj Narain) - 1975
The trigger that led to the imposition of emergency.
In this landmark case regarding election disputes, the primary issue was the validity of clause 4 of the 39th Amendment Act. The Supreme Court held clause 4 as unconstitutional and void on the ground that it was outright denial of the right to equality enshrined in Article 14. The Supreme Court also added the following features as “basic features” laid down in Keshavananda Bharti case – democracy, judicial review, rule of law and jurisdiction of Supreme Court under Article 32.
5. A step backward for India (ADM Jabalpur v Shivakant Shukla Case) - 1976
Widely considered a violation of Fundamental Rights.
In this landmark judgment, the Supreme Court declared that the rights of citizens to move the court for violation of Articles 14, 21 and 22 would remain suspended during emergencies. Triumph of individual liberty (Maneka Gandhi vs UOI) 1978.
1. Jury decision overturned by High Court (KM Nanavati v State of Maharashtra) - 1961
Hardly an open-and-shut case, the nature of the crime garnered media attention.
This case is notable for being the last case when a jury trial was held in India. KM Nanavati, a naval officer, murdered his wifes lover, Prem Ahuja. The jury ruled in favour of Nanavati and declared him not guilty which was eventually set aside by the Bombay High Court.
2. Amendment masquerades as law (IC Golaknath v State of Punjab) - 1967
Parliaments prevented from taking away individual rights.
In the highly famous case of Golaknath V State of Punjab in 1967 the Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights of individuals mentioned in the Constitution. Parliaments overarching ambitions nipped in the bud (Keshavananda Bharti vs State of Kerala) 1973.
3. Elected representatives cannot be given the benefit of doubt
A highly notable case which introduced the concept of basic structure of the constitution of India and declared that those points decided as basic structure could not be amended by the Parliament. The case was triggered by the 42nd Amendment Act.
4. Beginning of the fall of Indira Gandhi (Indira Gandhi v Raj Narain) - 1975
The trigger that led to the imposition of emergency.
In this landmark case regarding election disputes, the primary issue was the validity of clause 4 of the 39th Amendment Act. The Supreme Court held clause 4 as unconstitutional and void on the ground that it was outright denial of the right to equality enshrined in Article 14. The Supreme Court also added the following features as “basic features” laid down in Keshavananda Bharti case – democracy, judicial review, rule of law and jurisdiction of Supreme Court under Article 32.
5. A step backward for India (ADM Jabalpur v Shivakant Shukla Case) - 1976
Widely considered a violation of Fundamental Rights.
In this landmark judgment, the Supreme Court declared that the rights of citizens to move the court for violation of Articles 14, 21 and 22 would remain suspended during emergencies. Triumph of individual liberty (Maneka Gandhi vs UOI) 1978.
6. Overlapping zones of laws rectified thanks to a writ petition
The case caused a huge uproar over the definition of Freedom of Speech. The court ruled that the procedure must be fair and the law must not violate other Fundamental Rights.
7. Parliament limited by itself (Minerva Mills v Union of India) - 1980
In this landmark judgment, the Supreme Court of India in 1980 strengthened the doctrine of the basic structure which was propounded earlier in the Keshavananda Bharti Case. Two changes which were made earlier by the 42nd Amendment Act were declared as null and void by the Supreme Court in this particular case.
8. Constitutional validity of individual rights upheld (Waman Rao v Union of India) - 1981
SC ruled that Parliament had transgressed its power of constitutional amendment.
This case was a landmark decision in the constitutional jurisprudence of India. This case has helped in determining a satisfactory method of addressing grievances pertaining to the violation of fundamental rights by creating a fine line of determination between the Acts prior to and after the Keshavananda Bharati case.
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