Ask the Constitution

Landmark Judgments

The Constitution's words are given life by the courts. These are the Supreme Court cases that decided what your rights actually mean.

52 shown

A.K. Gopalan v. State of Madras1950

AIR 1950 SC 27
Read Article 21 narrowly: 'procedure established by law' meant any validly enacted law, and fundamental rights were treated as separate silos.
The early, restrictive view of personal liberty that was later overturned, showing how rights protection evolved.
Article 21Article 19Article 22

Shankari Prasad v. Union of India1951

AIR 1951 SC 458
Parliament's power to amend the Constitution includes the power to amend fundamental rights, and such amendments are not 'law' under Article 13.
First ruling on whether Parliament can change your fundamental rights by amendment; it said yes.
Article 368Article 13Article 31

State of Madras v. Champakam Dorairajan1951

AIR 1951 SC 226
Caste-based reservations in education violated Article 29(2); Directive Principles cannot override Fundamental Rights.
Directly triggered the First Amendment enabling reservations; foundational to the reservation debate.
Article 15Article 16Article 29Article 37

Berubari Union, In re1960

AIR 1960 SC 845
Ceding Indian territory to another country requires a constitutional amendment, not merely an executive agreement.
Established that India's borders cannot be altered by the government alone.
Article 1Article 3Article 368

Sajjan Singh v. State of Rajasthan1965

AIR 1965 SC 845
Reaffirmed Shankari Prasad: Parliament can amend fundamental rights, though two judges expressed doubts.
Kept alive the question of whether any right is beyond Parliament's reach, setting the stage for Golaknath.
Article 368Article 13

I.C. Golaknath v. State of Punjab1967

AIR 1967 SC 1643
Parliament cannot amend fundamental rights to take them away or abridge them; a constitutional amendment is 'law' under Article 13.
For the first time held that some rights are protected from being amended away.
Article 368Article 13Article 19

Rustom Cavasjee Cooper v. Union of India (Bank Nationalisation)1970

(1970) 1 SCC 248
Fundamental rights are not mutually exclusive; a law can be tested against several rights at once, overruling A.K. Gopalan.
Broadened protection by letting courts examine the real effect of a law on multiple freedoms together.
Article 19Article 31Article 14

Kesavananda Bharati v. State of Kerala1973

(1973) 4 SCC 225
Parliament can amend any part of the Constitution but cannot alter or destroy its 'basic structure'.
The single most important safeguard against dismantling democracy, rule of law, or fundamental rights by amendment.
Article 368Article 13Article 31C

Indira Nehru Gandhi v. Raj Narain1975

1975 Supp SCC 1
Struck down the 39th Amendment clause shielding the PM's election from judicial review as a violation of the basic structure.
Showed the basic structure doctrine has teeth: even the most powerful office is not above the Constitution.
Article 368Article 14Article 329A

ADM Jabalpur v. Shivkant Shukla (Habeas Corpus case)1976

(1976) 2 SCC 521
During Emergency, held that the right to move courts for personal liberty could be suspended (a decision now widely condemned).
A cautionary example of courts failing citizens; explicitly overruled in the 2017 Puttaswamy judgment.
Article 21Article 359Article 226

Maneka Gandhi v. Union of India1978

(1978) 1 SCC 248
'Procedure established by law' under Article 21 must be fair, just and reasonable; Articles 14, 19 and 21 are interconnected.
Transformed the right to life and liberty into a robust protection against arbitrary state action.
Article 21Article 14Article 19

Minerva Mills v. Union of India1980

(1980) 3 SCC 625
Struck down parts of the 42nd Amendment; Parliament's amending power is limited, and the balance between Fundamental Rights and Directive Principles is part of the basic structure.
Confirmed that Parliament cannot give itself unlimited power to amend the Constitution.
Article 368Article 14Article 19Article 31C

Waman Rao v. Union of India1981

(1981) 2 SCC 362
Laws placed in the Ninth Schedule after 24 April 1973 (the Kesavananda date) are open to challenge if they violate the basic structure.
Set the cut-off date protecting citizens from immunised laws that damage core constitutional values.
Article 31AArticle 31BArticle 31CArticle 368

S.P. Gupta v. Union of India (First Judges case)1981

1981 Supp SCC 87
Expanded standing so public-spirited citizens can file petitions on behalf of those unable to.
Opened the door to Public Interest Litigation, letting ordinary people bring public grievances to court.
Article 124Article 217Article 32

Bandhua Mukti Morcha v. Union of India1984

(1984) 3 SCC 161
Bonded labour violates the right to live with dignity; the state must identify, release and rehabilitate bonded workers.
Turned the ban on forced labour into an enforceable right for the most vulnerable workers.
Article 21Article 23Article 32

Olga Tellis v. Bombay Municipal Corporation1985

(1985) 3 SCC 545
The right to livelihood is part of the right to life; pavement dwellers cannot be evicted without fair procedure.
Recognised that losing your means of living can amount to losing your life, protecting the urban poor.
Article 21Article 19Article 14

Mohd. Ahmed Khan v. Shah Bano Begum1985

(1985) 2 SCC 556
A divorced Muslim woman is entitled to maintenance under the secular Section 125 CrPC; endorsed a Uniform Civil Code.
Landmark for women's maintenance rights and the debate over uniform personal laws.
Article 14Article 15Article 44

M.C. Mehta v. Union of India (Oleum Gas Leak / Absolute Liability)1987

(1987) 1 SCC 395
Established 'absolute liability': enterprises engaged in hazardous activity are fully liable for harm, with no exceptions.
Made polluters and dangerous industries answerable for public safety.
Article 21Article 32

M.C. Mehta v. Union of India (Ganga Pollution)1988

(1988) 1 SCC 471
Ordered closure and regulation of tanneries polluting the Ganga; a clean environment is part of the right to life.
Cemented environmental protection as a citizen's right, not just a policy goal.
Article 21Article 48AArticle 51A

Indra Sawhney v. Union of India (Mandal case)1992

1992 Supp (3) SCC 217
Upheld 27% OBC reservation but capped total reservations at 50% and excluded the 'creamy layer'.
Set the enduring framework and limits for reservations in government jobs.
Article 16Article 15Article 14

Kihoto Hollohan v. Zachillhu1992

1992 Supp (2) SCC 651
Upheld the anti-defection law but held the Speaker's disqualification decisions are subject to judicial review.
Balances party discipline against legislators' rights, and keeps the Speaker's power under legal check.
Article 102Article 191Tenth Schedule

S.R. Bommai v. Union of India1994

(1994) 3 SCC 1
President's Rule under Article 356 is subject to judicial review and must have relevant grounds; secularism is part of the basic structure.
Curbed misuse of central power to dismiss elected state governments and affirmed India as secular.
Article 356Article 74Article 14

Unni Krishnan v. State of Andhra Pradesh1993

(1993) 1 SCC 645
The right to education flows from the right to life, especially for children up to age 14.
Laid the groundwork for education as a fundamental right, later formalised as Article 21A.
Article 21Article 41Article 45

Vishaka v. State of Rajasthan1997

(1997) 6 SCC 241
Laid down binding guidelines against sexual harassment at the workplace until Parliament legislated.
Gave working women their first enforceable protection against harassment on the job.
Article 14Article 15Article 19Article 21

Samatha v. State of Andhra Pradesh1997

(1997) 8 SCC 191
Government land in Scheduled Areas cannot be leased to non-tribal private mining interests.
Shielded tribal communities from losing their land to outside commercial exploitation.
Article 21Fifth Schedule

Vellore Citizens Welfare Forum v. Union of India1996

(1996) 5 SCC 647
Adopted the 'precautionary principle' and 'polluter pays' principle as part of Indian environmental law.
Gave courts and citizens strong tools to hold polluters accountable.
Article 21Article 48AArticle 51A

L. Chandra Kumar v. Union of India1997

(1997) 3 SCC 261
Judicial review by High Courts and the Supreme Court is part of the basic structure and cannot be ousted by tribunals.
Guarantees citizens always retain access to constitutional courts.
Article 32Article 226Article 323AArticle 323B

Supreme Court Advocates-on-Record Assn. v. Union of India (NJAC / Fourth Judges case)2015

(2016) 5 SCC 1
Struck down the NJAC and the 99th Amendment; judicial independence in appointments is part of the basic structure.
Kept judges' appointments largely insulated from political control.
Article 124AArticle 124Article 217

Aruna Ramchandra Shanbaug v. Union of India2011

(2011) 4 SCC 454
Permitted passive euthanasia for patients in a permanent vegetative state, under safeguards.
First recognition of a dignified death as connected to the right to life.
Article 21

National Legal Services Authority v. Union of India (NALSA)2014

(2014) 5 SCC 438
Recognised transgender persons as a 'third gender' with the right to self-identify and to equal protection.
Affirmed dignity and equal rights for transgender citizens.
Article 14Article 15Article 16Article 21

Lily Thomas v. Union of India2013

(2013) 7 SCC 653
Legislators convicted of serious offences are disqualified immediately; struck down the protection allowing them to stay pending appeal.
A major step to keep convicted criminals out of Parliament and state assemblies.
Article 102Article 191

Shreya Singhal v. Union of India2015

(2015) 5 SCC 1
Struck down Section 66A of the IT Act as an unconstitutional restriction on free speech.
Protected ordinary internet users from arrest for online posts and defended free speech online.
Article 19Article 14Article 21

Justice K.S. Puttaswamy v. Union of India (Privacy)2017

(2017) 10 SCC 1
The right to privacy is a fundamental right intrinsic to the right to life and personal liberty.
Protects your personal data, choices, and private life from unjustified intrusion by the state.
Article 21Article 14Article 19

Navtej Singh Johar v. Union of India2018

(2018) 10 SCC 1
Decriminalised consensual same-sex relations by reading down Section 377 IPC as unconstitutional.
Affirmed equal dignity and freedom for LGBTQ citizens.
Article 14Article 15Article 19Article 21

Joseph Shine v. Union of India2018

(2019) 3 SCC 39
Struck down Section 497 IPC (adultery) as unconstitutional and treating women as property.
Ended a law that discriminated against women and criminalised private conduct.
Article 14Article 15Article 21

Indian Young Lawyers Assn. v. State of Kerala (Sabarimala)2018

(2019) 11 SCC 1
The exclusion of women of menstruating age from the Sabarimala temple violated their right to equality and worship.
Weighed religious custom against women's equal right to worship (subject to a pending larger-bench review).
Article 14Article 15Article 17Article 25

Common Cause v. Union of India (Living Will)2018

(2018) 5 SCC 1
Recognised the right to die with dignity, permitting passive euthanasia and legally valid 'living wills'.
Lets a person decide in advance to refuse life-prolonging treatment, part of the right to life.
Article 21

Shayara Bano v. Union of India (Triple Talaq)2017

(2017) 9 SCC 1
Struck down instant triple talaq (talaq-e-biddat) as unconstitutional and arbitrary.
Protected Muslim women from being divorced instantly and unilaterally.
Article 14Article 15Article 21Article 25

Mohd. Hanif Quareshi v. State of Bihar1958

AIR 1958 SC 731
Upheld reasonable restrictions on cow slaughter, balancing occupation and religious freedom against Directive Principles.
An early example of courts balancing competing rights and state policy.
Article 19Article 25Article 48

Bachan Singh v. State of Punjab1980

(1980) 2 SCC 684
Upheld the death penalty but confined it to the 'rarest of rare' cases.
Sharply limited when the state may take a life as punishment.
Article 21Article 14Article 19

Mohini Jain v. State of Karnataka1992

(1992) 3 SCC 666
Charging 'capitation fees' for education violates the right to education flowing from the right to life.
Challenged the commercialisation of education as a barrier to a basic right.
Article 21Article 41Article 45

T.M.A. Pai Foundation v. State of Karnataka2002

(2002) 8 SCC 481
Defined the rights of private and minority institutions to establish and administer educational institutions with reasonable regulation.
Set the framework governing private and minority schools and colleges.
Article 19Article 26Article 29Article 30

People's Union for Civil Liberties v. Union of India (Right to Food)2001

(2001) 5 SCALE 303
Recognised the right to food as part of the right to life and issued directions to enforce food-security schemes.
Turned freedom from hunger into an enforceable entitlement.
Article 21

Association for Democratic Reforms v. Union of India (Voters' Right to Know)2002

(2002) 5 SCC 294
Voters have a right to know the criminal, financial and educational background of election candidates.
Gave citizens the information needed to cast an informed vote.
Article 19

I.R. Coelho v. State of Tamil Nadu (Ninth Schedule)2007

(2007) 2 SCC 1
Laws in the Ninth Schedule added after 24 April 1973 are subject to basic-structure review.
Ensured no law can hide from constitutional scrutiny just by being listed in the Ninth Schedule.
Article 31BArticle 14Article 19Article 21Article 368

Ramlila Maidan Incident v. Home Secretary, Union of India2012

(2012) 5 SCC 1
The right to hold a peaceful assembly under Article 19(1)(b) and the right to rest and sleep under Article 21 are protected; force used to disperse a peaceful gathering must be justified, restrained, and proportionate.
Affirmed that peaceful protest is a protected freedom and set limits on how the state may disperse a peaceful crowd.
Article 19Article 21

Bijoe Emmanuel v. State of Kerala1986

(1986) 3 SCC 615
Students who stood respectfully but did not sing the national anthem on religious grounds could not be expelled; compelling them would violate Article 19(1)(a) and Article 25.
Protected respectful silence and freedom of conscience over forced participation.
Article 19Article 25

Supriyo v. Union of India2023

2023 SCC OnLine SC 1348
Declined to grant legal recognition to same-sex marriage, holding there is no fundamental right to marry and that recognition is for Parliament to legislate.
Left same-sex marriage to legislation while consensual relationships remain decriminalised.
Article 21Article 14Article 15

Janhit Abhiyan v. Union of India (EWS)2022

(2023) 5 SCC 1
Upheld the 103rd Amendment and the ten percent EWS reservation, holding reservation on economic criteria alone does not violate the basic structure.
Approved the first reservation based purely on economic status.
Article 15Article 16

Lata Singh v. State of U.P.2006

(2006) 5 SCC 475
An adult is free to marry a person of their choice across caste or religion; the Court directed police protection for inter-caste and inter-religious couples.
Backed the freedom to marry by choice against family and community coercion.
Article 21Article 14

Shafin Jahan v. Asokan K.M. (Hadiya case)2018

(2018) 16 SCC 368
The right to choose a life partner is part of the liberty and dignity under Article 21; neither state nor family can override an adult's choice.
Affirmed autonomy in marriage and faith for adults.
Article 21

Hussainara Khatoon v. State of Bihar1979

(1979) 3 SCC 532
A speedy trial is part of the right to life under Article 21; holding undertrials for years without trial is unconstitutional, and free legal aid is part of a fair procedure.
Exposed the plight of undertrial prisoners and made speedy trial a right.
Article 21

Holdings and significance are plain-language summaries, not the text of the judgments, and are not legal advice. Read the full judgment on the official reports at digiscr.sci.gov.in. A citation marked † should be confirmed before being relied on.