40 LANDMARK
JUDGMENTS BY COURTS IN INDIA
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.
3. (Keshavananda Bharti vs State of Kerala) 1973
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.
9. Maintenance lawsuit sets precedent (Mohd Ahmed Khan v Shah Bano Begum) –
1985
Shah Bano won
the right to get alimony from her husband.
The petitioner challenged the Muslim personal law. The Supreme Court ruled in
favour of Shah Bano and granted her alimony. Most favoured it as a secular
judgment but it also invoked a strong reaction from the Muslim community, which
felt that the judgment was an encroachment on Muslim Sharia law and hence led
to the formation of the All India Muslim Personal Law Board in 1973.
10. MC Mehta v Union Of India – 1986
Mounting
environment-related concerns.
A PIL filed by
MC Mehta in 1986 enlarged the scope and ambit of Article 21 and Article 32 to
include the right to healthy and pollution-free environment.
11. Reservation in central government jobs (Indra Sawhney v UOI November) –
1992
Attempt to
correct historic injustices constitutionally.
The
constitutional bench of the Supreme Court held in this matter that caste could
be a factor for identifying backward classes.
12. Wrangle over Supreme Court judge appointments (Supreme Court
Advocates-on-Record - Association and another versus Union of India) – 1993
The National
Judicial Appointments Commission Act and Constitutional amendment Act passed in
2014 aimed at replacing the collegium system of appointing Supreme Court
judges. The act was struck down as unconstitutional by the Supreme Court in
October 2015.
13. Power of President's Rule curtailed (SR Bommai v Union of India) – 1994
Persecution of
state governments stalled.
This landmark
case had major implications on Center-State relations. Post this case the
Supreme Court clearly detailed the limitations within which Article 356 has to
function.
14. Scam-tainted politicians – 1997
The Jain Hawala
case exposed bigwigs.
The Hawala
scandal was an Indian political scandal involving payments allegedly received
by politicians through four hawala brokers, the Jain brothers. In 1991, an
arrest linked to militants in Kashmir led to a raid on hawala brokers,
revealing evidence of large-scale payments to national politicians. The
prosecution that followed was partly prompted by a public interest litigation.
Many were acquitted, partly because the hawala records (including diaries) were
judged in court to be inadequate as the main evidence. The high court decreed
that the CBI had not brought on record any material which could be converted
into legally admissible evidence.
15. Foundation for a female workforce (Vishaka v State of Rajasthan) – 1997
Definition of
sexual harrassment and guidelines to deal with it laid down.
In this case
Vishakha and other women groups filed a Public Interest Litigation (PIL)
against State of Rajasthan and Union of India to enforce fundamental rights for
working women under Articles 14, 19 and 21 of the Constitution. This resulted
in the introduction of Vishaka Guidelines. The judgment of August 1997 also
provided basic definitions of sexual harassment at the workplace and provided
guidelines to deal with it. Hence the importance of the case as a landmark
judgment.
16. Afzal Guru's death sentence sparked protests – 2002
Awarded death
sentence for role in 2001 Parliament attacks.
Afzal Guru was
sentenced to death on February 2013 for his role in the December 2001 attacks
on the Indian Parliament. The judgment faced widespread criticism on three
grounds – lack of proper defense, lack of primary evidence and judgment based
on collective conscience rather than rule of law.
17. Justice deferred in Best Bakery case – 2003
Miscarriage of
justice as a large number of witnesses turn hostile.
The Best Bakery was burned down, killing 14 people on March 1, 2002 as part of
the 2002 Gujarat violence. The Supreme court, in a rarest of rare case, ordered
a re-trial outside of Gujarat in which nine out of the seventeen accused were
convicted by a special court in Mumbai in 2006.
18. State of Tamil Nadu V Suhas Katti - November 2004
Short conviction
time of seven months.
This was notable
for being the first case involving conviction under the Information Technology
Act, 2000. A family friend of a divorced woman was accused of posting her
number online on messenger groups which led to her being harassed by multiple
lewd messages. The accused was later convicted and sentenced.
19. Rameshwar Prasad v Union Of India – 2005
Dissolution of
Bihar Assembly unwarranted.
In this case,
the petitioner challenged the constitutional validity of a notification which
ordered dissolution of the legislative Assembly of the state of Bihar. The
dissolution had been ordered on the ground that attempts were being made to
cobble a majority by illegal means and lay claim to form the government in the
state which if continued would lead to tampering with constitutional
provisions. The Supreme Court held that the aforementioned notification was
unconstitutional.
20. Victims of sexual assault or not? (Om Prakash v Dil Bahar) – 2006
Controversial
ruling had many opponents.
The Supreme
Court in the above case declared that a rape accused could be convicted on the
sole evidence of the victim in spite of medical evidence not proving that it
was rape.
21. Priyadarshini Mattoo case - October 2006
14-year-old
fight for justice gets results.
In this matter
the Supreme Court had commuted the death sentence awarded to prime accused
Santosh Singh (son of former IPS officer), to life imprisonment for the rape
and murder of the 23-year-old law student, Priyadarshini Mattoo.
22. Jessica Lal Murder Case - December 2006
Civil society
makes big gains.
A model in New
Delhi working as a bartender was shot dead and the prime accused Manu Sharma,
son of Congress MP Vinod Sharma who was initially acquitted in February 2006
was later sentenced to life imprisonment in December 2006 by a fast track
hearing by the Delhi High Court. On 19 April 2010, the Supreme Court of India
approved the sentence.
23. Sanjay Dutt plays prisoner in real life – 2007
Conviction under
TADA changed under milder Arms Act.
Well-known actor
Sanjay Dutt was sentenced to five year imprisonment by the Supreme Court for
illegal weapons possession in a case linked to the 1993 serial blasts in
Mumbai. The Supreme Court also cited that the circumstances and nature of
offence were too serious for the 53-year-old actor to be released on probation.
24. Nithari serial murders – 2009
Koli was served
with multiple death sentences.
A Special
Sessions Court awarded death sentence in 2009 to Surinder Koli and Moninder
Singh Pandher for the murder of a 14-year-old girl. The murders believed to
have been committed through 2006 involved instances of cannibalism. Pandher was
later acquitted by the Allahabad High Court and was released on bail but Koli’s
death sentence was upheld by both the High Court as well as the Supreme Court.
25. Aarushi Talwar murder – 2008
Verdict
delivered under unusual circumstances.
A case which
received heavy media attention involved the double murder of 14-year-old
Aarushi Talwar and her 45-year-old domestic help in Noida. After five years a
Sessions court convicted both her parents Rajesh and Nupur Talwar and sentenced
them to life imprisonment.
26. Section 377 case (Naz Foundation v Govt of NCT of Delhi) - July 2009
Cause for
rejoicing for homosexuals.
In 2009 the
Supreme Court declared Section 377 of the Indian Penal Code, 1860 as
unconstitutional. The said section earlier criminalised sexual activities
“against the order of nature” which included homosexual acts. This judgment
however, was overturned by the Supreme in December, 2013.
27. Meagre closure for controversial Ayodhya (Ayodhya Ram Mandir Babri Masjid
Case) - September 2010
Ruled that the
land was to be divided into three parts.
The high court
of Allahabad had ruled that the disputed land in Ayodhya where the Babri Masjid
was situated before it was demolished in 1992 shall be divided into three
parts. Two-thirds of the land was to be awarded to the Hindu plaintiffs and
one-third to the Sunni muslim Waqf board.
28. Child sexual assault not to be taken lightly – 2011
Punishment not
enough for child abusers.
The Supreme
Court restored the conviction and sentence of six-year rigorous imprisonment
imposed on two British nationals who were acquitted by the Bombay High Court in
a paedophilia case. The Bench directed the accused to serve the remaining
period of sentence. In a landmark judgment the Supreme Court observed “Children
are the greatest gift to humanity. The sexual abuse of children is one of the
most heinous crimes”.
29. Vodafone's name cleared in tax battle (Vodafone-Hutchison tax case) -
January 2012
Landmark
decision on taxability of offshore transactions.
The Supreme
Court ruled in favour of Vodafone in the two-billion-dollar tax case citing
that capital gains tax is not applicable to the telecom major. The apex court
also said that the Rs 2,500 crore which Vodafone had already paid should be
returned with interest.
30. Clean chit to Prime Minister Narendra Modi – 2012
Questions
remains and victims of families yet to get closure.
In April 2012
the Supreme Court appointed Special investigation Team (SIT) gave current Prime
Minister Narendra Modi a clean chit in the post-Godhra Gulberg massacre case
citing that it found no evidence against him. Narendra Modi went on to become
the Prime Minister of India with a huge mandate.
31. Mohd Ajmal Amir Kasab v State of Maharashtra – 2012
One of the most
high-profile executions in the country.
The Supreme
Court observed that the acts on November 26, 2008, had shaken the collective
conscience of Indian citizens and had confirmed the death sentence awarded to
prime accused Ajmal Kasab by the trial court and affirmed by the Bombay High
Court, for waging war against India.
32. NOTA Judgment – 2013
The right to
reject candidates formalised.
In 2013, the
Supreme Court introduced negative voting as an option for the country’s
electorate. According to this judgment an individual would have the option of
not voting for any candidate (None-Of-The-Above) if they don’t find any of the
candidates worthy.
33. Patent
troubles of Pharma company Novartis (Novartis v Union of India & Others) –
2013
Case accused of
dealing a death blow to innovation in medicine.
Novartis’ application which covered a beta crystalline form of imatinib, a
medicine the company brands as "Glivec", which is very effective
against chronic myeloid leukaemia (a common form of cancer) was denied patent
protection by the Intellectual Property Appellate Board. The Supreme Court in
its ruling upheld the board’s decision which eventually led to the medicine
being made available to the general public at a much lower heeded
34. Illegalising convicted MPs and MLAs (Lily Thomas v Union Of India) - July
2013
Effected
much-needed cleansing of legislative bodies.
The Supreme
Court of India, in this judgment, ruled that any member of Parliament (MP),
member of the legislative assembly (MLA) or member of a legislative council
(MLC) who was convicted of a crime and awarded a minimum of two-year
imprisonment, would lose membership of the House with immediate effect.
35. Uphaar fire tragedy (Sushil Ansal vs State Through CBI) - March 2014
Split judgment
couldn't reach a decision on sentencing.
August 2015:
Eighteen years after 59 people were killed in a fire in Delhi’s Uphaar cinema,
the Supreme Court held that the prime accused did not necessarily need to go
back to jail as they were fairly aged. The court further held that “ends of
justice would meet” if the accused paid Rs 30 crore each as fine.
36. Nirbhaya case shook the nation - March 2014
Judiciary
spurred into action and laws were strengthened for sex offenders.
Four out of the five accused in the horrific gang-rape case of Nirbhaya were
convicted and given the death sentence. The case also resulted in the
introduction of the Criminal Law (Amendment) Act, 2013 which provides for the
amendment of the definition of rape under Indian Penal Code, 1860; Code of
Criminal Procedures, 1973; the Indian Evidence Act, 1872 and the Protection of
Children from Sexual Offences Act, 2012.
37. Recognising the Third gender (National Legal Services Authority v Union of
India) - April 2014
Third gender acknowledged as citizens with rights.
In a landmark
judgment the Supreme Court in April, 2014 recognised transgender persons as a
third gender and ordered the government to treat them as minorities and extend
reservations in jobs, education and other amenities.
38. Section 66A revised (Shreya Singhal v Union of India) - March 2015
Cracking down on
"offensive" online content not easy.
Controversial
section 66A of the Information Technology Act which allowed arrests for
objectionable content posted on the internet was struck down as
unconstitutional by the Supreme Court in March 2015.
39. Yakub Memon sentenced to death (Yakub Abdul Razak Memon V State of
Maharashtra and Anr) - July 2015
No reprieve for
the accused in 1993 Mumbai serial blasts.
Yakub Abdul
Razak Memon was convicted and sentenced to execution by hanging in March 2015
for his involvement in the 1993 Bombay serial blasts. His conviction sparked a
nationwide debate on capital punishment in India.
40. Dance bars functional again - October 2015
After a gap of
two decades, dance bars open.
The Supreme
Court in July 2013 passed a judgment directing the state government to reopen
dance bars in Maharashtra which had earlier been banned under the Maharashtra
Police Act. The resultant ban by the Bombay High Court was stayed.
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