Indian Polity · UPSC Prelims

Judgements & Doctrines

4 Parts · 172 Concepts · 10 Flashcards · 27 Practice Questions

What to Study

1.Landmark Judgements and Their Impact

  • Freedom of Circulation and the Press Under Article 19(1)(a)Importance 3/5
    Remember the full case name, its popular name, the journal that was banned and the law used for the ban. Understand why freedom of circulation is part of freedom of speech and expression, and why the press is called a foundation of democracy.
  • "Public Order" and the First AmendmentImportance 4/5UPSC 2023
    At the time, why could the court not accept "public order" as a ground for restricting speech? Remember what the 1st Amendment (1951) added to Article 19(2) after this case.
  • Gopalan Ruling on Preventive Detention and Personal LibertyImportance 3/5
    Which section of the Preventive Detention Act, 1950 was struck down, and was the rest of the Act valid? Understand how narrowly "personal liberty" in Article 21 was read, and against whom Article 21 was said to give protection.
  • Procedure Established by Law versus Due Process in GopalanImportance 5/5
    How does "procedure established by law" differ from "due process of law"? Understand why the court read "law" in Article 21 as state-made law and not natural justice. Remember how long this view lasted, which later case applied it most strictly, and which case overruled it.
  • Communal GO and the Place of Directive PrinciplesImportance 4/5
    Why was the Communal GO struck down, and which two Articles did it violate? Understand the court's view of Directive Principles against Fundamental Rights, and the Article 46 aim behind the order.
  • Article 15(4) as the Response to ChampakamImportance 4/5UPSC 2023
    What does Article 15(4) allow, and for which groups? Remember which amendment inserted it and how it cancelled the effect of this ruling.
  • Shankari Prasad Ruling on Amending Fundamental RightsImportance 4/5
    Could Parliament amend Fundamental Rights under Article 368? Understand why an amendment was held not to be a "law" under Article 13(2). Remember which amendment was upheld and which right it curtailed through Articles 31A and 31B.
  • Ordinary Law versus Constituent Law and the Sajjan Singh ReaffirmationImportance 3/5
    How does ordinary (legislative) law differ from constituent law? Know which later case reaffirmed this ruling in 1964, and which case overruled it.
  • Ceding Indian Territory: Article 3 versus Article 368Importance 4/5
    Why is Article 3 not enough for giving Indian territory to a foreign country? Understand what is needed instead, and how the First Schedule is involved. Remember how the case reached the court, and under which Article.
  • Is the Preamble Part of the Constitution? (Berubari)Importance 4/5
    What did the court say about whether the Preamble is part of the Constitution? Know which later case changed this view.
  • Ninth Amendment and the Nehru-Noon AgreementImportance 3/5
    Which amendment followed this ruling, and which 1958 agreement lay behind it? Know what the agreement was about, including the Cooch-Behar enclaves. Was the transfer actually carried out at that time? Know how the boundary was finally settled (100th Amendment, 2015).
  • Nanavati Case and the End of Jury TrialsImportance 2/5
    How did this case show the weaknesses of the jury system? Remember when jury trials finally ended in India, and what happened to Nanavati after he spent three years in prison.
  • Golak Nath Ruling: Amendment as "Law" Under Article 13(2)Importance 5/5
    Which two earlier rulings did Golak Nath overrule? Understand its holding on Fundamental Rights, the amending power under Article 368, and the meaning of "law" in Article 13(2).
  • Doctrine of Prospective OverrulingImportance 4/5
    What is prospective overruling, and how does it differ from retrospective operation? Remember which three amendments the court kept valid by applying it.
  • 24th Amendment as the Response to Golak NathImportance 4/5
    How did the 24th Amendment (1971) answer this ruling? Remember its provisions on the amending power and on Article 13(2), and the change it made to the President's assent to amendment Bills.
  • Basic Structure Doctrine and Its Later GrowthImportance 5/5
    What are the case's full name and popular name? Understand the basic structure doctrine as a limit on Parliament's power under Article 368, and how it overruled Golak Nath. Be able to explain how later cases applied it and added more elements, and how the 42nd Amendment reacted.
  • Validity of the 24th, 25th and 29th Amendments in KesavanandaImportance 3/5
    How did the court treat each of the 24th, 25th and 29th Amendments? Remember what the 24th Amendment inserted, and that one amendment was upheld only in part.
  • Article 329A(4) and the Basic Structure (Indira Nehru Gandhi)Importance 4/5
    What did Article 329A(4), inserted by the 39th Amendment, provide, and whose election disputes did it cover? Understand why the court held it beyond Parliament's amending power. Remember the case's popular name.
  • 42nd Amendment Clauses 368(4) and 368(5)Importance 4/5
    The 42nd Amendment added two new clauses to Article 368. What did they say? Understand why they were added and which two rulings they responded to.
  • Habeas Corpus During the Emergency (ADM Jabalpur Ruling)Importance 4/5
    What did the court hold on Article 21, Article 359 and the right to seek a writ of habeas corpus? Remember the Presidential Order of 27 June 1975 and the MISA provision that was upheld. Understand why this ruling is seen as a failure to protect rights.
  • 44th Amendment and the Suspension of Rights in an EmergencyImportance 5/5
    After the 44th Amendment changed Article 359, which rights can no longer be suspended during an Emergency, and under which Articles? Why is the Jabalpur ruling now said to be no longer good law? Know the effect of the 44th Amendment and of the 2017 Puttaswamy judgement.
  • Maneka Gandhi Propositions on Article 21Importance 5/5
    Which earlier ruling did this case overrule, and what did it decide on the Passport Act provision? Understand its four propositions: how Articles 14, 19 and 21 relate, the meaning of personal liberty, the meaning of the right to life, and what makes a procedure valid.
  • Impact of Maneka Gandhi: Due Process and the Golden TriangleImportance 5/5UPSC 2023
    Be able to explain the three outcomes of this ruling. These are the arrival of "due process" in Indian interpretation, the "golden triangle" of Articles 14, 19 and 21, and the wider scope of Article 21 in later cases.
  • Death Penalty and the Rarest of Rare DoctrineImportance 4/5
    Why did the court hold that the death penalty for murder does not violate Articles 19 and 21? Understand the "rarest of rare" doctrine: when may the death penalty be given, and what must the court consider about the crime and the criminal?
  • Minerva Mills Ruling on the 42nd Amendment and Basic FeaturesImportance 5/5
    Which changes made by the 42nd Amendment did the court strike down? Remember the three basic features it named in this case.
  • Balance Between Fundamental Rights and Directive PrinciplesImportance 4/5
    Why would destroying the balance between Fundamental Rights and Directive Principles damage the basic structure? Be able to explain what precedence the 42nd Amendment gave to Directive Principles, and why Parliament cannot use Article 368 to abrogate the Constitution.
  • Ninth Schedule Cut-off Date in Waman RaoImportance 4/5
    Which date, linked to the Kesavananda verdict, divides the Ninth Schedule additions? Understand how additions made before that date are treated differently from later ones, and why.
  • Shah Bano Ruling on Maintenance and Section 125 CrPCImportance 4/5
    Does Section 125 of the Code of Criminal Procedure (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita) apply to every religion, and what happens when it clashes with personal law? Remember the ruling on maintenance beyond iddat and the role of Mahr. Understand the court's remark on a uniform civil code.
  • Muslim Women Act 1986 and the Danial Latifi RulingImportance 3/5
    How did the Muslim Women (Protection of Rights on Divorce) Act, 1986 respond to Shah Bano? Know how the Danial Latifi case (2001) read this Act, and how its view of maintenance differs from the Act's own rule. What did the Supreme Court say in Mohd. Abdul Samad (2024) about Section 125 for divorced Muslim women?
  • Re-promulgation of Ordinances (D.C. Wadhwa)Importance 4/5
    Why was repeated re-promulgation of ordinances in Bihar held unconstitutional? Understand the court's remarks that it was a "fraud on the constitution" and that ordinance power is for extraordinary situations. Remember the Article involved and the Bihar figures (how many ordinances, and for how long they were kept in force).
  • Compensation Under Article 32 (M.C. Mehta)Importance 3/5
    What is the difference between a preventive and a remedial use of Article 32? Understand when the Supreme Court may award compensation (what does "gross and patent" mean?). Remember the case's popular name.
  • Absolute Liability versus Strict LiabilityImportance 4/5
    How does absolute (no-fault) liability differ from strict liability? Know which principle this case introduced and why it expanded environmental law.
  • Paragraph 7 of the Tenth Schedule (Kihoto Hollohan)Importance 4/5
    Why was paragraph 7 of the Tenth Schedule struck down? Remember the amendment that inserted it, the ratification rule in Article 368(2), and the courts whose powers it excluded (Articles 136, 226 and 227). What is the Speaker's role in deciding disqualification? Is the decision open to judicial review, and on what grounds? What happened to the rest of the Tenth Schedule?
  • Indra Sawhney Ruling: OBC Reservation and Its ConditionsImportance 5/5
    What reservation for OBCs under Article 16(4) did the court uphold? Remember its conditions (creamy layer, promotions, the overall ceiling, backlog vacancies) and what it did with the separate 10% order for economically backward sections. How did the 103rd Amendment (upheld in 2022) later bring in such reservation, and how does it relate to the ceiling?
  • Creamy Layer Committee and Commission for Backward ClassesImportance 3/5
    Which committee was appointed to identify the creamy layer among OBCs? Which commission was first set up to hear complaints of wrong inclusion or exclusion in the list of backward classes, and what replaced it under Article 338B (102nd Amendment, 2018)?
  • Amendments After Indra Sawhney (76th, 77th, 81st, 82nd, 85th)Importance 4/5
    What did each of these five amendments do? Match each one to its purpose and to the ruling it answered, since not all five answered Indra Sawhney.
  • Mohini Jain Ruling on Right to Education and Capitation FeesImportance 3/5
    How far did the court extend the right to education under Article 21, and what did it say about Article 41? Understand why capitation fees were held to violate Article 14, and the idea of "teaching shops".
  • Unni Krishnan Ruling: Free Education and Private FeesImportance 4/5
    How did this case narrow Mohini Jain? Know up to what age free education is a right and what applies after it. Understand how Article 21 was read with Articles 41, 45 and 46, and what the court said about fees in private unaided colleges.
  • 86th Amendment, Article 21A and the RTE ActImportance 5/5
    What does Article 21A guarantee, and to which children? Remember the three changes the 86th Amendment (2002) made (in Articles 21A, 45 and 51A(k)), and which Act of 2009 gave Article 21A effect.
  • Second Judges Case: Meaning of ConsultationImportance 5/5
    Which earlier case did this ruling overrule? Understand how the meaning of "consultation" in Articles 124(2) and 217(1) changed, whose advice the President must follow in appointing judges, and who must become Chief Justice.
  • Origin of the Collegium System and the Third Judges CaseImportance 4/5
    How did the collegium system come about? Under which Article did the Third Judges case (1998) reach the court, and how did it change the size of the collegium for the Supreme Court and the High Courts? Remember the Memorandum of Procedure for appointing judges.
  • Bommai Propositions on Article 356Importance 5/5
    Understand the five propositions on Article 356. They deal with judicial review of the proclamation, who must prove the justification, whether Article 74(2) blocks scrutiny, the court's power to restore the Assembly and Ministry, and secularism as part of the basic structure.
  • States Covered in Bommai and the Check on Article 356Importance 2/5
    In which states did the court uphold President's Rule, and in which did it declare it invalid? Remember the years, and how the ruling checked misuse of Article 356.
  • Vishaka Guidelines and the 2013 Workplace Harassment ActImportance 4/5
    On which Articles (more than two) did the court base its ruling on sexual harassment at work? Which international convention did it use to fill the gap in the law? Understand the employer's duty, and why the guidelines applied until a law was made. Remember the Act of 2013 that followed.
  • Vineet Narain Directions on CVC, CBI and the Single DirectiveImportance 4/5
    What did the court direct for the CVC, the CBI and the Enforcement Directorate? Understand what the Single Directive required and why it was struck down. Remember the case's popular name.
  • CVC Act 2003 and the Later Fate of the Single DirectiveImportance 3/5
    What did the CVC Act, 2003 give the CVC over the CBI? Remember what the Act did to the Single Directive and what the Supreme Court did to it in 2014. Which later provision of the Prevention of Corruption Act brought back a form of prior approval?
  • Voter's Right to Know (ADR)Importance 4/5
    Why did the court treat a voter's right to know about candidates as part of Article 19(1)(a)? Understand how casting a vote counts as expression, and why informed voters matter for free and fair elections. Remember the case's popular name.
  • Mandatory Disclosures by Candidates and the 2003 EC OrderImportance 3/5
    Which five kinds of information did the court require candidates to give? Remember the Election Commission's order of 2003 that put this into effect.
  • T.M.A. Pai Propositions on Minority Educational InstitutionsImportance 4/5
    What is the unit for deciding who is a minority under Article 30? Understand how admission rules differ for aided and unaided minority institutions, the role of Article 29(2), and the regulation allowed for standards, merit and fair procedure.
  • 93rd Amendment and Article 15(5)Importance 4/5
    What does Article 15(5) allow, and which institutions does it cover? Know the exception for minority institutions under Article 30(1). Which 2005 case, along with T.M.A. Pai, led to this amendment?
  • Right to Fly the National Flag (Naveen Jindal)Importance 4/5UPSC 2023
    Under which Article is the right to fly the national flag a fundamental right? Know the limit on how the flag may be used.
  • Prakash Singh Directives on Police ReformImportance 4/5
    Remember the seven directives on police reform. They cover bodies at state, district and national levels, the selection and tenure of the DGP, tenure for officers on operational duties, and the separation of investigation from law and order.
  • Implementation of the Police Reform DirectivesImportance 2/5
    How far have these directives been put into practice? Understand why political interference and weak State Security Commissions and Police Establishment Boards limit their effect.
  • Nagaraj Ruling on Reservation in PromotionsImportance 4/5
    Which amendments did the court uphold, and which Articles did they insert? Understand the conditions it set for reservation in promotions (backwardness, inadequacy of representation, overall efficiency under Article 335, the ceiling and the creamy layer). What did Jarnail Singh (2018) change about backwardness data, representation data and the creamy layer for SCs and STs?
  • I.R. Coelho Ruling on Ninth Schedule LawsImportance 5/5
    Which earlier ruling did this case reaffirm, and which date matters? Understand the question before the court: can Article 31B protect laws from Fundamental Rights? Which test does the court apply to Ninth Schedule laws added after that date?
  • Passive Euthanasia and Its Safeguards (Aruna Shanbaug)Importance 4/5
    How do active and passive euthanasia differ, and which did the court allow? Remember the safeguards it set in this case, including who may decide to withdraw life support and the role of the High Court and a committee of doctors. What did Common Cause (2018, modified in 2023) change about the right to die with dignity, living wills and Medical Boards?
  • NOTA and the Right Not to Vote (PUCL 2013)Importance 4/5
    Why did the old rules on a voter's right not to vote fail on secrecy? Understand how Articles 19(1)(a), 21 and 14 support the NOTA option. What effect do NOTA votes have on the result of an election?
  • Introduction of NOTA in ElectionsImportance 3/5
    When and in which elections was NOTA first provided? Remember the states in 2013 and 2014, and the Lok Sabha election of 2014.
  • Disqualification on Conviction and Section 8(4) RPA (Lily Thomas)Importance 4/5
    What did Section 8(4) of the Representation of the People Act allow convicted legislators? Understand why the court struck it down, with reference to Articles 102 and 191, and from which date disqualification now takes effect.
  • Aftermath of Lily Thomas: Disqualifications and the Withdrawn BillImportance 2/5
    How did the government try to undo this ruling, and what became of that attempt?
  • T.S.R. Subramanian Directions on Civil Service ReformImportance 3/5UPSC 2015
    Which three directions did the court give on civil service reform? Remember the follow-up change to the Cadre Rules in 2014.
  • NALSA Ruling on Third Gender and Self-Identified GenderImportance 4/5
    Whom did the court recognise as "third gender"? Understand how it linked self-identified gender to Articles 14 and 21, and what it directed on legal recognition and on reservation.
  • Transgender Persons (Protection of Rights) Act 2019Importance 3/5
    Know the main purposes of the 2019 Act, and its position on discrimination, on recognition and on gender identity.
  • Section 66A of the IT Act (Shreya Singhal)Importance 4/5
    What did Section 66A of the IT Act punish? Understand why the court held that it violates Article 19(1)(a) and is not saved by Article 19(2), and what the court said about the internet's wider reach. What did the same judgement do with Sections 69A and 79?
  • NJAC Case: 99th Amendment and the NJAC ActImportance 5/5
    Remember the case's popular names. What happened to the 99th Amendment and the NJAC Act, 2014? Understand which element of the basic structure the court relied on, and which system of appointing judges was restored.
  • Shayara Bano Ruling on Triple TalaqImportance 4/5
    What is talaq-e-biddat, and why was it held invalid by a 3:2 majority? Understand which opinion relied on "manifest arbitrariness" under Article 14, and what that opinion said about Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937.
  • Muslim Women (Protection of Rights on Marriage) Act 2019Importance 3/5
    Which law followed this ruling, what is its popular name, and what does it prohibit?
  • Right to Privacy and the Three-Fold Test (Puttaswamy)Importance 5/5UPSC 2018, 2021, 2024
    Where does the right to privacy sit in the Constitution? Understand why it is not absolute, and the three-fold test that any invasion of life or personal liberty must meet.
  • Cases Overruled by Puttaswamy and Its Later InfluenceImportance 4/5
    Which two earlier cases did Puttaswamy overrule? Remember the 2018 cases that were influenced by it.
  • Aadhaar Judgement (Puttaswamy-II)Importance 4/5UPSC 2018, 2020
    What did the court decide on the validity of the Aadhaar Act, and on privacy and surveillance? Which provisions were struck down? Remember the 2019 law that followed.
  • Sabarimala Ruling on Women's EntryImportance 3/5
    Which rule banning women from the temple was struck down, and which age group did it cover? Understand why the ban breached Articles 14, 21 and 25.
  • Sabarimala Review and the Larger Bench ReferenceImportance 2/5
    What did the review bench do with the case in November 2019? Remember the size of the bench formed afterwards to hear the reference.
  • Adultery and Section 497 (Joseph Shine)Importance 3/5
    Which provision on adultery was struck down, and which procedural provision fell with it? Understand why Articles 14, 15 and 21 were breached. Is adultery still a wrong in any form?
  • Navtej Singh Johar Ruling on Section 377Importance 4/5
    How far did the court strike down Section 377? Understand which acts were covered and why Articles 14, 15, 19(1)(a) and 21 were breached.
  • Earlier Section 377 Ruling and What Section 377 Still CoveredImportance 3/5
    Which 2013 case did this ruling overrule? What did Section 377 still cover after this ruling? Note that the Indian Penal Code has since been replaced by the Bharatiya Nyaya Sanhita, which has no matching provision.
  • Ayodhya Judgement and Its Directions (M. Siddiq)Importance 3/5
    To whom did the court award the disputed land? Remember its three directions: the trust, the alternative land for the Waqf Board, and the role given to the Nirmohi Akhara.
  • Aftermath of the Ayodhya JudgementImportance 2/5
    What is the trust called, and where was the alternative land allotted? Which 2010 High Court ruling did this judgement overturn?
  • Internet Under Article 19 and Limits on Shutdowns (Anuradha Bhasin)Importance 4/5
    Which Articles protect speech and business over the internet, and which Articles allow restrictions? Understand the limits on suspending internet services: temporary use only and the test of proportionality.
  • Impact of Anuradha Bhasin on Internet AccessImportance 3/5
    Did this ruling declare internet access itself a fundamental right? Understand the difference between speech and trade carried on through the internet (protected under Article 19) and a right to internet access. How does this bear on the government's power to shut the internet down?
  • Rambabu Singh Thakur Directions to Political PartiesImportance 3/5
    What must parties publish about candidates facing criminal cases, and where? Understand on what basis they must justify choosing such candidates.
  • Election Commission Follow-up (Form C-7)Importance 2/5
    Which new form did the Election Commission release after this case for the details of candidates with criminal backgrounds?
  • RBI Circular on Virtual Currencies (IAMAI)Importance 2/5
    What did the RBI circular direct banks and financial institutions to do about virtual currencies? On what grounds did the court strike it down, and which Article 19 right was involved? Know what the ruling meant for crypto trading and for the need for a legal framework.

2.Judgements Expanding the Scope of Article 21

  • Expansion of Article 21 by the Supreme CourtImportance 5/5
    What does it mean when the Court declares a right to be an "integral part" of Article 21's "life and personal liberty"? Understand how Maneka Gandhi (1978) changed the reading of "procedure established by law", and why that opened the way to new rights. Know the main clusters of rights declared this way (prisoners, socio-economic, environment, personal autonomy). How do these rights differ from those expressly listed in Part III? Know a recent addition: the 2025 ruling on digital access (Pragya Prasun).
  • Right to Travel Abroad (Satwant Singh Sawhney)Importance 3/5
    Remember the year of this case. Why does the right to travel abroad fall under "personal liberty" in Article 21 and not under Article 19(1)(d)? Also understand what the Court said about Article 14 and the discretion to issue passports.
  • Rights of Prisoners (Sunil Batra, Charles Sobhraj, Prem Shankar Shukla)Importance 4/5
    Which right is each of these three cases associated with? Remember the year of each judgement. Do prisoners lose the protection of Article 21 once they are in jail?
  • Right to Free Legal Aid and Speedy Trial (M.H. Hoskot, Hussainara Khatoon)Importance 4/5
    Which of these two cases dealt with free legal aid and which with speedy trial? Remember the year of each. Which accused persons and prisoners does each right protect? How is legal aid as an Article 21 right related to Article 39A?
  • Protection Against Police Excess and Custodial Violence (Kishore Singh Ravinder Dev, Sheela Barse)Importance 3/5
    One case dealt with "third degree" methods and the other with violence in custody. Be able to match each case to its right and remember its year.
  • Right to Live with Human Dignity (Francis Coralie Mullin)Importance 4/5
    Which two rights did this case declare, and in which year? Understand why "life" in Article 21 means more than mere animal existence, and how dignity became the base for later rights.
  • Right to Reputation (Port of Bombay vs Nadkarni)Importance 2/5
    Remember the year of this case, and that reputation was treated as part of Article 21.
  • Rights Relating to Execution of the Death Sentence (T.V. Vatheeswaran, Lachma Devi)Importance 3/5
    One case concerned delay in carrying out a death sentence and the other concerned the manner of execution. Match each case to its right and remember the year of each. How did a later five-judge bench (Triveniben, 1989) change the Vatheeswaran view of delay? Do not learn that view as standing law.
  • Right Against Bonded Labour (Bandhua Mukti Morcha)Importance 3/5
    In which year was this case decided? Bonded labour is also covered by Article 23. How does the Article 21 basis of this right differ from the prohibition of forced labour in Article 23?
  • Environmental Rights Under Article 21 (Dehradun Quarrying, Vellore, B.L. Wadhera, N.D. Jayal, Noise Pollution)Importance 5/5
    Match each of the five cases to its environmental right: decent environment, hazardous industries, pollution-free water and air, sustainable development, and freedom from noise. Remember the year of each and the popular name of the Rural Litigation and Entitlement Kendra case. Which environmental principles did Vellore adopt? Understand how the environment came to be part of Article 21.
  • Right to Livelihood and Shelter (Olga Tellis, Shantistar Builders)Importance 4/5
    Which of these two cases declared livelihood and which declared shelter? Remember the year of each and the popular name of the Olga Tellis case. Understand why livelihood is seen as part of "life".
  • Other Socio-Economic Rights (Umed Ram Sharma, LIC vs CERC, Ashok Kumar Gupta, S.K. Mastan Bee, Reliance Energy)Importance 2/5
    Be able to recognise the right declared in each of these five cases: a road in hilly areas, an appropriate insurance policy, social and economic justice, family pension, and opportunity. Remember the year of each case.
  • Right to Health and Emergency Medical Aid (Parmanand Katara, CERC, Paschim Banga Khet Mazdoor Samity)Importance 4/5
    Match the three cases to their rights: emergency medical aid, health, and timely treatment in a government hospital. Remember the year of each. How do these three rights differ from one another?
  • Right to Education and Article 21A (Unni Krishnan)Importance 5/5
    Up to what age did the Court declare free education a right in this case, and in which year was it decided? How does that age range compare with the range in Article 21A? Which amendment inserted Article 21A, and in which year?
  • Right Not to Be Driven Out of a State (Chakma Migrants Case)Importance 2/5
    Remember the year of this case, which is popularly known as the Chakma Migrants case. Does Article 21 protect only citizens? Understand why this case matters for that question.
  • Right to Fair Trial and Right of Appeal (Police Commissioner Delhi, Dilip S. Dahanukar)Importance 3/5
    Which of these two cases declared fair trial and which declared the right of appeal against a conviction? Remember the year of each. How is a fair trial different from a speedy trial?
  • Right to Sleep (Ramlila Maidan Incident)Importance 3/5
    Remember the year of this case and that sleep was treated as part of the protection of life under Article 21.
  • Right to Privacy (K.S. Puttaswamy)Importance 5/5UPSC 2018, 2024
    When was this case decided, and how many judges sat on the bench? Is privacy a Fundamental Right? Which earlier rulings on privacy did the Court overrule? Does privacy flow from Article 21 alone, or also from the other freedoms in Part III? Understand why this judgement is seen as a landmark.
  • Right to Die with Dignity and Passive Euthanasia (Common Cause)Importance 4/5
    Remember the year of this case. What is the difference between passive and active euthanasia, and which one did the Court allow? Does the right to die with dignity mean a general right to die? Understand the living will (advance directive) and the medical-board procedure. Note that the guidelines were simplified in 2023 and apply until Parliament makes a law.
  • Right Against the Adverse Effects of Climate Change (M.K. Ranjitsinh)Importance 4/5
    When was this case decided? On which two Articles is this right based? Understand what the case was about (the Great Indian Bustard and power lines).

3.Judgements Relating to the Amendments

  • Golak Nath Case (1967) and the 17th Amendment ActImportance 4/5
    What did the 17th Amendment do, and why was it challenged? Understand the Court's view on whether Parliament can amend Fundamental Rights, keeping Article 13 in mind. Did the 17th Amendment, and the 1st and 4th, stay valid after the ruling? Be clear about the idea of prospective overruling.
  • Kesavananda Bharati Case (1973) and the 25th Amendment Act (Article 31C)Importance 5/5
    Which part of Article 31C was struck down, and which part stayed? Remember the case, the year, its popular name and the amendment challenged. Understand how the case made the basic structure a limit on Article 368, and what it did to the Golak Nath ruling.
  • Indira Nehru Gandhi vs Raj Narain (1975) and the 39th Amendment Act (Article 329A)Importance 4/5UPSC 2019
    What did clause (4) of Article 329A do about the election of the Prime Minister and the Speaker? Remember the case, the year, its popular name and the amendment. Understand why the Court struck the clause down, and which basic features of the Constitution it went against.
  • Minerva Mills Case (1980) and the 42nd Amendment Act (Article 368 Clauses 4 and 5, Article 31C)Importance 5/5
    What did clauses (4) and (5) of Article 368 and the extended Article 31C say? Remember the case, the year and the amendment. Understand why the Court struck them down and which basic features were involved. How is this change to Article 31C different from the one in the Kesavananda Bharati case?
  • P. Sambamurthy Case (1986) and the 32nd Amendment Act (Article 371D)Importance 2/5
    Remember the case, the year, the amendment and the provision struck down (clause 5 of Article 371D and its proviso). What power did it give the State government over the orders of the Andhra Pradesh Administrative Tribunal? Understand why this power goes against judicial review.
  • Kihoto Hollohan Case (1992) and the 52nd Amendment Act (Tenth Schedule, Paragraph 7)Importance 4/5
    Remember the case, the year, its popular name and the amendment. What did Paragraph 7 of the Tenth Schedule bar? Why was it invalid, thinking about ratification by the States? Was the whole Tenth Schedule struck down, or only one paragraph? Understand what the ruling means for a presiding officer's decision on defection.
  • L. Chandra Kumar Case (1997) and the 42nd Amendment Act (Articles 323A and 323B)Importance 4/5
    Which sub-clauses of Articles 323A and 323B excluded the jurisdiction of all courts except the Supreme Court under Article 136? Remember the case, the year and the amendment. Understand why the Court struck them down, and which powers it restored (Articles 226, 227 and 32). What role do tribunals have after this?
  • Fourth Judges Case (2015) and the 99th Amendment Act (NJAC)Importance 5/5UPSC 2019
    What did the 99th Amendment create, and which system of judicial appointments was in force after the ruling? Remember the formal name of the case, the year and the extent of the amendment struck down. Understand the ground on which the Court decided. How does this case differ from the First, Second and Third Judges cases?
  • Union of India vs Rajendra N Shah (2021) and the 97th Amendment Act (Cooperative Societies)Importance 4/5
    What did the 97th Amendment add about cooperative societies (Part IXB)? Remember the case, the year and the extent struck down. Understand why the Court struck it, thinking about the subject of cooperatives and the ratification of the amendment by the States. Which cooperatives were affected, and which were not?
  • Total versus Partial Invalidation Across the Nine CasesImportance 3/5
    Sort the nine cases into three kinds: a whole amendment struck down, only some provisions struck down, and an amendment held beyond Parliament's power but kept in force. Which case belongs to the third kind? Which amendment was challenged in two different cases?
  • Romesh Thappar, Brij Bhushan and Champakam Dorairajan Cases and the 1st Amendment Act, 1951Importance 4/5UPSC 2019, 2023
    Remember the three cases, their years and the popular name of the Romesh Thappar case. What change in the First Amendment followed the two free speech cases, and what followed the Champakam Dorairajan case? Understand why each ruling led to a change.
  • Bella Banerjee and Saghir Ahmed Cases and the 4th Amendment Act, 1955Importance 3/5
    In these two cases, what did the Court decide about compensation for acquired property and about State monopoly in trade? Remember the years of the cases. Understand what the 4th Amendment did about the courts' power to question the adequacy of compensation, and about State monopolies (Article 305).
  • United Motors and Bengal Immunity Cases and the 6th Amendment Act, 1956Importance 2/5
    Know the two cases, their years and the amendment they led to. What was the issue with the taxation of inter-State sales, and who got the power to tax them after the amendment?
  • Venkata Rao and N.B. Khare Cases and the 15th and 11th Amendment ActsImportance 2/5
    Which case led to the 11th Amendment, and which to the 15th? Remember the years of the two cases. Understand the change each amendment made: High Court writ jurisdiction based on where the cause of action arises (15th), and the election of the Vice-President, including vacancies in the electoral college (11th).
  • Berubari Union Reference (1960) and the 9th Amendment ActImportance 4/5
    To give up territory to another country, is Article 3 enough, or is an amendment under Article 368 needed? Remember the reference, the year and the 9th Amendment, and what the amendment transferred. Also learn what the Court said about the Preamble in this case, and how that view later changed.
  • Chandra Mohan Case (1966) and the 20th Amendment ActImportance 2/5
    Why were certain appointments of district judges in question, and what did the 20th Amendment do about them? Remember the case and its year.
  • Golak Nath, R.C. Cooper and Privy Purse Cases and the 24th, 25th and 26th Amendment ActsImportance 5/5
    Remember which case led to which of the 24th, 25th and 26th Amendments, their years, and the popular names of the R.C. Cooper and Madhav Rao Scindia cases. What did each amendment change? Understand how this sequence of rulings and amendments led towards the Kesavananda Bharati case.
  • Sales Tax and Works Contract Cases and the 46th Amendment Act, 1982Importance 2/5
    Know the six cases: Gannon Dunkerley, New India Sugar Mills, Associated Hotels of India, ONGC, Vishnu Agencies and Northern India Caterers. What common question about the meaning of "sale" ran through them? Understand how the 46th Amendment dealt with it through Article 366(29A).
  • Misrilal Jain Case (1977) and the 43rd Amendment ActImportance 1/5
    Learn the case, its year and the 43rd Amendment, with its year. What was the broad purpose of this amendment in relation to the 42nd Amendment?
  • Prabhakaran Nair Case (1987) and the 75th Amendment ActImportance 2/5UPSC 2001
    Be clear about the case, its year and the 75th Amendment, with its year. What kind of body did the amendment provide for in matters of rent control?
  • Indra Sawhney (Mandal) Case (1992) and the Reservation Amendments (76th, 77th, 81st, 82nd, 85th)Importance 5/5
    Remember the five amendments and their years. Which of the Court's holdings (the ceiling for reservation, reservation in promotions, the creamy layer) did Parliament respond to with an amendment, and which did it accept? Understand what each amendment changed (Ninth Schedule, Article 16(4A), Article 16(4B), the proviso to Article 335, consequential seniority). Note that the 85th links mainly to the later seniority cases.
  • Virpal Singh Chauhan, S. Vinod Kumar and Ajit Singh Januja Cases and the 82nd and 85th Amendment ActsImportance 3/5
    These cases dealt with the catch-up rule on seniority and relaxed qualifying marks in promotion. Which issue belongs to the 82nd Amendment, and which to the 85th? Remember which case led to which amendment, and the years.
  • Unni Krishnan Case (1993) and the 86th Amendment ActImportance 4/5
    Be clear about the case, its year and the 86th Amendment, with its year. What right for children did the Court read into Article 21, and up to what age? Understand the three changes the amendment made, across Fundamental Rights, Directive Principles and Fundamental Duties.
  • T.M.A. Pai Foundation and P.A. Inamdar Cases and the 93rd Amendment Act, 2005Importance 4/5
    Know the two cases and their years. What issue about reservation and admission in unaided private institutions did they raise? Which Article did the 93rd Amendment add in response? Does it apply to minority educational institutions?

4.Important Doctrines of Constitutional Interpretation

  • Meaning and Basis of the Doctrine of Severability (Article 13(1) and 13(2))Importance 5/5
    What does the Supreme Court do when only part of a law is unconstitutional? Know the other name of this doctrine, and understand what happens to parts that can be separated and parts that cannot. Be clear how Article 13(1) and Article 13(2) form its basis, and how the two differ.
  • Propositions of the Doctrine of SeverabilityImportance 3/5
    Understand the tests the Supreme Court gave for deciding whether the valid part of a law can stand alone. What is the main test? Think about when valid parts still fall with the invalid ones (a single scheme, or a remainder left too thin or needing changes). Is separability decided by form or by substance?
  • Important Cases on Severability (A.K. Gopalan, F.N. Balsara, R.M.D. Chamarbaugwalla, Minerva Mills, Kihoto Hollohan)Importance 4/5
    In each case except Chamarbaugwalla, remember which law or provision was struck down and what stayed valid. In Chamarbaugwalla, how did the Court read prize competitions, and how did severability keep the Act working for gambling competitions? Why does gambling fall outside Article 19(1)(g)? In Kihoto Hollohan, know which part of the Tenth Schedule was affected.
  • Meaning of Waiver and Its Position in India versus the USAImportance 5/5
    What is a waiver of a right? Can a citizen waive Fundamental Rights in India? Is the position the same in the USA? You should be able to explain the contrast between the two countries.
  • Reasons the Supreme Court Gave on Waiver of Fundamental Rights (Basheshar Nath Observations)Importance 4/5
    Understand why the Supreme Court took its view on waiver. Are Fundamental Rights only for the benefit of the individual? Think about Articles 15(1), 20 and 21 as examples. Why can India not divide rights into those for individuals and those for public interest, as was attempted in the USA?
  • Important Cases on Waiver (Behram Khurshid Pesikaka, Basheshar Nath, Olga Tellis, Nar Singh Pal)Importance 3/5
    What did each case hold about waiver? Behram Khurshid Pesikaka concerns an accused person, and Basheshar Nath concerns a tax agreement and Article 14. Olga Tellis is also known as the Pavement Dwellers case. What does "no estoppel against the Constitution" mean?
  • Meaning of the Doctrine of Eclipse (Article 13(1) and Pre-Constitution Laws)Importance 5/5
    Why is a pre-Constitution law that clashes with a Fundamental Right not void from the very start? Understand how Article 13(1) leads to this doctrine. Remember the three situations in which such a law still operates. When can the law become enforceable again?
  • Formulation of the Doctrine in the Bhikaji Case (1955)Importance 4/5
    Which law was involved in the Bhikaji case, and which Fundamental Right did it clash with? Understand how the 1st Amendment's change to Article 19(6) affected that law, and what the Supreme Court held as a result.
  • Eclipse and Post-Constitution Laws (Deep Chand, Mahendra Lal Jain, Ambica Mills, Dulare Lodh)Importance 4/5
    Does the doctrine of eclipse apply to post-Constitution laws under Article 13(2)? Understand the view in Deep Chand and Mahendra Lal Jain, and the reason for it. How did Ambica Mills qualify this view for laws that clash with Article 19, and why do non-citizens matter here? Also know what Dulare Lodh added.
  • Meaning of Territorial Nexus (Article 245 and Extra-Territorial Legislation)Importance 5/5
    How far can laws made by Parliament and by a State Legislature reach under Article 245? Distinguish the two. When can a State law that operates outside the State still be valid? Understand what a "sufficient nexus" means.
  • Formulation of the Doctrine in Tax Cases (Raleigh, Wallace, Wadia, State of Bombay v. R.M.D. Chamarbaugwalla, TISCO, NTPC)Importance 3/5
    Which courts decided the early income tax cases (Raleigh, Wadia, Wallace)? Know the two conditions about the nexus set in State of Bombay v. R.M.D. Chamarbaugwalla (1957), which is a different case from the one on severability. Understand what TISCO (1958) and NTPC (2002) said about the doctrine.
  • Territorial Nexus in Non-Tax Laws (Charusila Dasi, Shrikant)Importance 2/5
    Is the doctrine limited to tax laws? Remember how it was applied in Charusila Dasi (1959), which concerned trusts, and in Shrikant (1994), which concerned a land ceiling law.
  • Exceptions to Territorial Nexus (Khazan Singh, Article 298)Importance 2/5
    Which two situations fall outside the doctrine? Remember the Khazan Singh case (1973) and the part played in it by the Motor Vehicles Act and by Article 298.
  • Meaning of Pith and Substance (Article 246 and the Three Lists)Importance 5/5
    A law made by one legislature seems to enter a subject given to another. How does a court judge such a law? Remember Article 246 and the three lists. Understand why the law is read as a whole, and what happens if it touches the other list only incidentally. Know the three things a court looks at.
  • Origin and Rationale of Pith and Substance (Privy Council, Overlapping Fields)Importance 3/5
    Which body first developed this doctrine, and in which kind of appeals? Understand why a federal constitution cannot avoid some overlap between the fields of the Centre and the States, even when the lists are detailed.
  • Principles of Pith and Substance in the Prafulla Kumar Case (1947)Importance 4/5
    Remember the Prafulla Kumar case: the Act challenged, the subjects it seemed to touch, and how the courts decided in turn. Understand the two questions the Privy Council asked. Why does the extent of the invasion matter? Which list has priority over which?
  • Important Cases on Pith and Substance (F.N. Balsara, D.N. Banerji, G. Chawla, Shantilal Mangaldas, Ismail Faruqui, Zameer Ahmed)Importance 3/5
    Remember the law challenged in each case and what the Supreme Court decided. In Shantilal Mangaldas, is the doctrine used to test competence, Fundamental Rights, or both? In Ismail Faruqui, which subject did the Court say the Act really belonged to?
  • Meaning of Colourable Legislation and the Maxim Behind ItImportance 5/5
    What makes a law "colourable"? Understand how a law can look as if it is within a legislature's power and yet not be. Remember the maxim behind the doctrine. In what two ways can a legislature lack the power to make a law?
  • Propositions of Colourable LegislationImportance 4/5
    Understand the propositions the Supreme Court laid down. Does the court look at form or at substance? Does the legislature's good or bad intention matter in deciding validity? Can a series of Acts be struck down together as one scheme to avoid the Constitution?
  • Fraud on the Constitution versus Fraud on Legislative PowerImportance 3/5
    Which of these two doctrines is another name for colourable legislation? Understand the difference between open and hidden failure to follow a constitutional condition. How does fraud on the Constitution differ from fraud on legislative power? In each case, does the legislature have the power or not?
  • Important Cases on Colourable Legislation (Kameshwar Singh, Gajapati Narayan Deo, Moopil Nair, M.R. Balaji)Importance 3/5
    Remember the outcome and the reasoning in each case. In Kameshwar Singh, was the whole Bihar Land Reforms Act struck down, or only some provisions? In the other cases, which laws were struck down and which were upheld? In M.R. Balaji, know what was challenged and which Article was involved.
  • Meaning and Scope of the Doctrine of Implied PowersImportance 4/5
    Know the other name of this doctrine and the maxim behind it. What is an implied power? Under what condition can a court read such a power into a law? Is it enough that the power would be useful?
  • Application of Implied Powers (Gopal Chandra Misra, Rupa Ashok Hurra, Raja Ram Pal, Salil Sabhlok)Importance 4/5
    Remember which implied power the Supreme Court recognised in each case, and the Article it was linked to. In Gopal Chandra Misra, think about a resignation meant to take effect on a future date. In Rupa Ashok Hurra, know what a curative petition is and when it can be filed.
  • Doctrine of Implied Prohibition and IndiaImportance 3/5
    How does implied prohibition differ from implied powers? Remember its maxim. In which federal countries was it developed, and does it apply in India? Understand the reason by comparing where the residuary powers lie. Do incidental and ancillary powers still apply in India?
  • Meaning and Limits of Incidental and Ancillary PowersImportance 4/5
    Understand why the entries in the legislative lists are read widely. Why does the power to levy tax cover checking tax evasion? Know the names for these powers in the USA and Australia. What are the limits? Think about confiscation, about a subject that has its own separate entry in the lists, and about colourable use.
  • Rationale of Incidental and Ancillary Powers and Its Link with Pith and SubstanceImportance 3/5
    Why did the Supreme Court develop this doctrine? Understand how it relates to pith and substance, when a law is mainly within a legislature's competence but touches another subject on the side.
  • Important Cases on Incidental and Ancillary Powers (Chaturbhuj, Rai Ramkrishna, Pathumma, Sant Lal, Godfrey Phillips)Importance 2/5
    What point did each case settle? Chaturbhuj concerns a licence fee and Rai Ramkrishna concerns retrospective laws. In Sant Lal, where did the Court draw the limit?
  • Meaning of the Doctrine of Precedent (Stare Decisis)Importance 4/5
    What is the doctrine of precedent? Know where it comes from, and the Latin maxim with its meaning. Understand the reason behind it, and why a view held for a long time is not easily disturbed.
  • Article 141 as the Basis of Binding PrecedentImportance 5/5
    What does Article 141 say, and which courts must follow it? Understand why a High Court cannot overrule a Supreme Court decision, and what such a High Court judgment is called. Is the Supreme Court bound by its own earlier decisions? How can a larger bench depart from them? Also know how precedent works for courts of equal or lower rank.
  • Rationale of the Doctrine of PrecedentImportance 3/5
    Why does a system of courts arranged in levels need binding precedent? You should be able to explain consistency, finality and the steady growth of law. What is meant by "decisional between litigants, declaratory for the nation"? Be aware that precedent has limited exceptions.
  • Meaning of the Doctrine of Occupied Field and Its Link to the Concurrent ListImportance 4/5
    What happens when Parliament has already made a law on a subject? Know the other name of this doctrine. How does it work for List I, List II and List III? Understand why it matters mainly for the Concurrent List, and which Article it comes from.
  • Article 254: Repugnancy Rule and the Presidential Assent ExceptionImportance 5/5
    Remember what Article 254(1) says when a Union law and a State law conflict on a Concurrent List subject. Understand the exception for a State law that has the President's assent. Can Parliament later override such a State law?
  • Principles and Tests of Repugnancy (Deep Chand, M. Karunanidhi)Importance 3/5
    Remember the three principles for finding repugnancy. Understand the tests in M. Karunanidhi. For example, when can two laws operate in the same field without a clash, and when does a later law repeal an earlier one by implication?
  • Repugnancy Outside the Concurrent List (Article 246(1) Non-Obstante Clause)Importance 3/5
    In which two ways does repugnancy arise, and which Article settles each (Article 246(1) or Article 254(1))? Understand why Article 254(1) does not cover an overlap between the State List and the other two lists.
  • Meaning and Origin of Prospective OverrulingImportance 5/5
    What is prospective overruling? Know where the doctrine came from and the case in which it was first used in India. Understand how it limits a new ruling to the future. In that case, which earlier decisions were overruled, and which amendments were saved?
  • Formulation and Constitutional Basis (Articles 32, 141 and 142)Importance 4/5
    Is prospective overruling the same as judges making law? Understand how the Supreme Court answered this, using the idea that a judge discovers law. Remember Articles 32, 141 and 142 as the basis. Why is "declare" a wider word than "find" or "make"?
  • Propositions of Prospective Overruling Laid Down in Golak NathImportance 4/5
    Remember the three limits the Court set in Golak Nath: the kind of matters, the court that can use the doctrine, and who decides how far back the new ruling reaches.
  • Rationale and Criticism of Prospective OverrulingImportance 3/5
    Why did the Court use this doctrine in Golak Nath? You should be able to explain the reasons it gave, including what reopening settled matters would have caused. Also know the five objections raised against the doctrine and how the Court answered them.
  • Continuation of the Doctrine After Kesavananda Bharati (Mandal, Karunakar)Importance 3/5
    Did the doctrine survive when Kesavananda Bharati overruled Golak Nath? Was it later extended to ordinary laws? Know the Mandal case (1992) and the Karunakar case (1993) as examples of its use. What did Mandal postpone, and to whom did Karunakar limit the benefit?
  • Meaning of Harmonious ConstructionImportance 5/5
    What should a court do when two provisions of the Constitution seem to conflict? Know the other name of this doctrine. Understand what Justice Venkatarama Aiyar and Justice Mukherjea said, and the two working rules the court follows.
  • Areas Where Harmonious Construction Is Applied (FR-DPSP, Seventh Schedule Entries)Importance 4/5
    Remember the six areas of conflict where the Supreme Court has used this doctrine. How are Fundamental Rights and Directive Principles treated after Kesavananda Bharati? Understand how conflicting entries in the legislative lists are reconciled, and when the Union power finally prevails.
  • Important Cases on Harmonious Construction (Venkataramana Devaru, M.S.M. Sharma, O.N. Mohindroo, D.A.V. College, Kesavananda Bharati)Importance 3/5
    Which provisions were reconciled in each case? For example, Venkataramana Devaru involves Article 26(b), and M.S.M. Sharma involves Article 19(1)(a). Also know what Kesavananda Bharati held about the word "law" in Article 13(2).
  • Meaning of Liberal InterpretationImportance 4/5
    What is liberal interpretation? Understand how Justice Higgins described a constitution, and why that calls for a broad reading. How does the approach apply to Fundamental Rights and to the entries in the legislative lists?
  • Doctrine of Literal InterpretationImportance 4/5
    Know the other names of literal interpretation. What does it ask of a court reading the Constitution, and what does it rule out? Understand how it differs from the liberal and purposive approaches. Remember Justice Mukherjea's view and the observation in the Gopalan case.
  • Doctrine of Purposive Interpretation (Preamble and Constituent Assembly Debates)Importance 4/5
    What does purposive interpretation look for? Remember the two aids that help find the makers' intention. Know Alladi Krishnaswamy Ayyar's remark on the Preamble and what the Berubari case said about it. Understand J.S. Verma's view of the Constitution.
  • Doctrine of Creative Interpretation (Golak Nath, Kesavananda Bharati)Importance 4/5
    Understand what creative interpretation expects of the courts. Remember the two judgments given as examples, Golak Nath (1967) and Kesavananda Bharati (1973), and the new idea each introduced.

Flashcards

Try to recall the answer before you open each card.

1.Which doctrine for awarding the death penalty did the Supreme Court lay down in Bachan Singh vs State of Punjab (1980)?
The 'rarest of rare cases' doctrine. Death penalty for murder is to be the exception, not the rule.
2.In Waman Rao (1980), which date did the Supreme Court use as the cut-off for protecting additions to the Ninth Schedule, and why that date?
24 April 1973, the date of the Kesavananda Bharati verdict. Additions after it are valid only if they do not damage the basic structure.
3.Which principle of liability did the Supreme Court introduce in M.C. Mehta vs Union of India (1986, the Oleum Gas Leak case), in place of strict liability?
Absolute liability (no-fault liability).
4.Which right did the Supreme Court declare part of Article 21 in NHRC vs State of Arunachal Pradesh (1996), the Chakma Migrants case?
The right not to be driven out of a state.
5.In Unni Krishnan vs State of Andhra Pradesh (1993), up to what age did the Supreme Court hold free education to be a right under Article 21?
Up to 14 years of age. The case later led to the 86th Amendment Act (2002).
6.Why did the Supreme Court in Kihoto Hollohan (1992) strike down paragraph 7 of the Tenth Schedule?
It excluded the jurisdiction of the Supreme Court and High Courts but was not ratified by at least half of the State Legislatures as Article 368(2) requires.
7.Which Constitutional Amendment Act was enacted as a result of the Golak Nath judgement (1967)?
The 24th Amendment Act, 1971.
8.By what other name is the doctrine of severability known, and which Article is its basis?
The doctrine of separability; its basis is Article 13.
9.In which case did the Supreme Court, using its implied (inherent) power, allow a curative petition to reconsider a final judgement after a review petition is dismissed?
Rupa Ashok Hurra case (2002).
10.What are incidental and ancillary legislative powers called in the USA?
'Necessary and proper powers'. In Australia they are 'powers incidental to the execution of that power'.

Practice Questions

Judgements & Doctrines · MCQ Test

15 Questions
  1. 1.
    Consider the following statements about the A.K. Gopalan case (1950):
    1. The Court held that 'personal liberty' in Article 21 means liberty of the physical body.
    2. The Court held that 'procedure established by law' in Article 21 means the same as the American 'due process of law'.
    3. The Court's view in this case was overruled in the Maneka Gandhi case (1978).
    Which of the statements given above is/are correct?
    1. A1 and 2 only
    2. B2 and 3 only
    3. C1 and 3 only
    4. D1, 2 and 3
  2. 2.
    Consider the following statements:
    Statement-I: The 1st Amendment Act (1951) added 'public order' as a ground of reasonable restriction under Article 19(2).
    Statement-II: In the Romesh Thappar case (1950), the Supreme Court refused to permit restrictions on free speech on the ground of public order, because that ground was not mentioned in Article 19(2).
    Which one of the following is correct in respect of the above statements?
    1. ABoth Statement-I and Statement-II are correct and Statement-II explains Statement-I
    2. BBoth Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
    3. CStatement-I is correct but Statement-II is incorrect
    4. DStatement-I is incorrect but Statement-II is correct
  3. 3.
    Match List I with List II:
    List I (Case)List II (Popular name)
    A. Romesh Thappar vs State of Madras (1950)1. Habeas Corpus case
    B. Indira Nehru Gandhi vs Raj Narain (1975)2. Oleum Gas Leak case
    C. A.D.M. Jabalpur vs Shivakant Shukla (1976)3. Cross Roads case
    D. M.C. Mehta vs Union of India (1986)4. Election case
    Select the correct answer using the code given below:
    1. AA-3, B-1, C-4, D-2
    2. BA-4, B-3, C-1, D-2
    3. CA-3, B-4, C-2, D-1
    4. DA-3, B-4, C-1, D-2
  4. 4.
    Consider the following statements about the propositions laid down in S.R. Bommai vs Union of India (1994):
    1. The validity of a proclamation under Article 356(1) is subject to judicial review.
    2. The burden lies on the Union Government to prove that relevant material existed to justify the proclamation.
    3. The courts cannot examine the material on which the President's satisfaction was based, because Article 74(2) stands in the way of such scrutiny.
    4. If a proclamation is held invalid, the court may restore the dismissed Ministry even if both Houses of Parliament had approved the proclamation.
    How many of the above statements are correct?
    1. AOnly one
    2. BOnly two
    3. COnly three
    4. DAll four
  5. 5.
    Consider the following statements about the Minerva Mills case (1980):
    1. It invalidated clauses (4) and (5) inserted in Article 368 by the 42nd Amendment Act.
    2. It held the harmony and balance between Fundamental Rights and Directive Principles to be a basic feature of the Constitution.
    3. It upheld the 42nd Amendment's change to Article 31C giving all Directive Principles precedence over Articles 14, 19 and 31.
    Which of the statements given above is/are correct?
    1. A1 only
    2. B2 and 3 only
    3. C1, 2 and 3
    4. D1 and 2 only
  6. 6.
    Consider the following pairs:
    CaseRight declared part of Article 21
    1. Olga Tellis vs Bombay Municipal CorporationRight to livelihood
    2. Hussainara Khatoon vs Home Secretary, State of BiharRight to speedy trial
    3. Parmanand Katara vs Union of IndiaRight to shelter
    4. Ramlila Maidan Incident, In Re.Right to privacy
    How many of the above pairs are correctly matched?
    1. AOnly one
    2. BOnly two
    3. COnly three
    4. DAll four
  7. 7.
    In which case did the Supreme Court declare the right against the adverse effects of climate change to be part of Article 21?
    1. AN.D. Jayal vs Union of India
    2. BVellore Citizens Welfare Forum vs Union of India
    3. CDr. B.L. Wadhera vs Union of India
    4. DM.K. Ranjitsinh vs Union of India
  8. 8.
    Match List I with List II:
    List I (Case)List II (Right declared part of Article 21)
    A. Satwant Singh Sawhney (1967)1. Right to travel abroad
    B. M.H. Hoskot (1978)2. Right to free legal aid
    C. Sunil Batra (1978)3. Right against solitary confinement
    D. Francis Coralie Mullin (1981)4. Right to live with human dignity
    Select the correct answer using the code given below:
    1. AA-1, B-2, C-3, D-4
    2. BA-1, B-3, C-2, D-4
    3. CA-2, B-1, C-3, D-4
    4. DA-1, B-2, C-4, D-3
  9. 9.
    Consider the following pairs of cases in which the Supreme Court declared an amendment (wholly or partly) unconstitutional:
    CaseAmendment Act challenged
    1. Kesavananda Bharati (1973)25th Amendment Act
    2. Indira Nehru Gandhi vs Raj Narain (1975)39th Amendment Act
    3. L. Chandra Kumar (1997)42nd Amendment Act
    4. P. Sambamurthy (1986)52nd Amendment Act
    How many of the above pairs are correctly matched?
    1. AOnly one
    2. BOnly two
    3. COnly three
    4. DAll four
  10. 10.
    Consider the following statements:
    1. In the Fourth Judges case (2015), the Supreme Court struck down the 99th Amendment Act in its entirety.
    2. In Union of India vs Rajendra N Shah (2021), the Supreme Court struck down the 97th Amendment Act in its entirety.
    Which of the statements given above is/are correct?
    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNeither 1 nor 2
  11. 11.
    Match List I with List II:
    List I (Judgement)List II (Amendment it led to)
    A. State of Madras vs Champakam Dorairajan (1951)1. 9th Amendment Act
    B. Berubari Union, In Re. (1960)2. 93rd Amendment Act
    C. Madhav Rao Scindia vs Union of India (1970)3. 1st Amendment Act
    D. T.M.A. Pai Foundation vs State of Karnataka (2002)4. 26th Amendment Act
    Select the correct answer using the code given below:
    1. AA-3, B-4, C-1, D-2
    2. BA-1, B-3, C-4, D-2
    3. CA-3, B-1, C-2, D-4
    4. DA-3, B-1, C-4, D-2
  12. 12.
    Consider the following statements about the doctrine of eclipse:
    1. It arises from Article 13(1), which deals with pre-Constitution laws.
    2. The Supreme Court enunciated it in the Bhikaji case (1955).
    3. In the Deep Chand case (1959), the Supreme Court applied it to post-Constitution laws.
    Which of the statements given above is/are correct?
    1. A1 only
    2. B1 and 2 only
    3. C2 and 3 only
    4. D1, 2 and 3
  13. 13.
    Consider the following statements:
    Statement-I: A citizen of India cannot waive his or her Fundamental Rights.
    Statement-II: A citizen of the USA can waive his or her fundamental rights.
    Which one of the following is correct in respect of the above statements?
    1. ABoth Statement-I and Statement-II are correct and Statement-II explains Statement-I
    2. BBoth Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
    3. CStatement-I is correct but Statement-II is incorrect
    4. DStatement-I is incorrect but Statement-II is correct
  14. 14.
    Consider the following statements:
    1. Parliament can make laws with extra-territorial operation.
    2. A state law having extra-territorial operation is valid if there is a sufficient nexus between the state and the subject-matter of the law.
    3. Under the doctrine of colourable legislation, the court inquires into the bona fides or mala fides of the legislature.
    4. The doctrine of implied prohibition applies to the distribution of legislative powers in India.
    How many of the above statements are correct?
    1. AOnly one
    2. BOnly two
    3. COnly three
    4. DAll four
  15. 15.
    The maxim "you cannot do indirectly what you cannot do directly" is the basis of which doctrine of constitutional interpretation?
    1. ADoctrine of pith and substance
    2. BDoctrine of incidental and ancillary powers
    3. CDoctrine of colourable legislation
    4. DDoctrine of eclipse
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UPSC Previous Year Questions

12 Questions
  1. 1.
    UPSC 2001
    Match List I with List II and select the correct answer using the codes given below the Lists:
    List I (Amendments to the Constitution)
    I. The Constitution (Sixty-ninth Amendment) Act, 1991
    II. The Constitution (Seventy-fifth Amendment) Act, 1994
    III. The Constitution (Eightieth Amendment) Act, 2000
    IV. The Constitution (Eighty-third Amendment) Act, 2000
    List II (Contents)
    A) Establishment of State-level Rent Tribunals Act, 1991
    B) No reservations for Scheduled Castes in Panchayats in Arunachal Pradesh
    C) Constitution of Panchayats in Villages or at other local levels
    D) Accepting the recommendations of the Tenth Finance Commission
    E) According the status of National Capital Territory to Delhi
    Codes:
    1. AI-E, II-A, III-D, IV-B
    2. BI-A, II-E, III-C, IV-D
    3. CI-E, II-A, III-C, IV-D
    4. DI-A, II-E, III-D, IV-B
  2. 2.
    UPSC 2019
    Consider the following statements :
    1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
    2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.
    Which of the statements given above is/are correct?
    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNeither 1 nor 2
  3. 3.
    UPSC 2023
    In essence, what does 'Due Process of Law' mean?
    1. AThe principle of natural justice
    2. BThe procedure established by law
    3. CFair application of law
    4. DEquality before law
  4. 4.
    UPSC 2021
    'Right to Privacy' is protected under which Article of the Constitution of India?
    1. AArticle 15
    2. BArticle 19
    3. CArticle 21
    4. DArticle 29
  5. 5.
    UPSC 2024
    Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
    1. AArticle 15
    2. BArticle 16
    3. CArticle 19
    4. DArticle 21
  6. 6.
    UPSC 2023
    In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
    1. A1st Amendment
    2. B42nd Amendment
    3. C44th Amendment
    4. D86th Amendment
  7. 7.
    UPSC 2023
    Consider the following statements in respect of the National Flag of India according to the Flag Code of India, 2002 :
    Statement–I : One of the standard sizes of the National Flag of India is 600 mm × 400 mm.
    Statement–II : The ratio of the length to the height (width) of the Flag shall be 3 : 2.
    Which one of the following is correct in respect of the above statements?
    1. ABoth Statement–I and Statement–II are correct and Statement–II is the correct explanation for Statement–I
    2. BBoth Statement–I and Statement–II are correct and Statement–II is not the correct explanation for Statement–I
    3. CStatement–I is correct but Statement–II is incorrect
    4. DStatement–I is incorrect but Statement–II is correct
  8. 8.
    UPSC 2020
    Consider the following statements :
    1. Aadhaar metadata cannot be stored for more than three months.
    2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
    3. Aadhaar is mandatory for obtaining insurance products.
    4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.
    Which of the statements given above is/are correct ?
    1. A1 and 4 only
    2. B2 and 4 only
    3. C3 only
    4. D1, 2 and 3 only
  9. 9.
    UPSC 2018
    Consider the following statements :
    1. Aadhaar card can be used as a proof of citizenship or domicile.
    2. Once issued, Aadhaar number cannot be deactivated or omitted by the Issuing Authority.
    Which of the statements given above is/are correct ?
    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNeither 1 nor 2
  10. 10.
    UPSC 2018
    Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement ?
    1. AArticle 14 and the provisions under the 42nd Amendment to the Constitution
    2. BArticle 17 and the Directive Principles of State Policy in Part IV
    3. CArticle 21 and the freedoms guaranteed in Part III
    4. DArticle 24 and the provisions under the 44th Amendment to the Constitution
  11. 11.
    UPSC 2019
    The Ninth Schedule was introduced in the Constitution of India during the prime ministership of
    1. AJawaharlal Nehru
    2. BLal Bahadur Shastri
    3. CIndira Gandhi
    4. DMorarji Desai
  12. 12.
    UPSC 2015
    Consider the following statements :
    1. The Executive Power of the Union of India is vested in the Prime Minister.
    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.
    Which of the statements given above is/are correct?
    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNeither 1 nor 2
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