10 judgements

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10 Judgements

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Sl NO.

1Basic Instinct : A landmark in Modern Constitutional JurisprudenceKesavananda Bharati vs. State of Kerala (1973)

2Life, uninterrupted : SCs chance at redemption Maneka Gandhi vs Union of India (1978)Expanded the meaning of right to life

3Whose law is it anyway? : A flashpoint in religious fundamentalismMohd. Ahmed Khan vs Shah Bano Begum (1985) Questioning the sanctity of personal religious laws and bringing the debate on Uniform Civil Code

4Home on The Range : The emergence of Second Generation Rights like HousingOlga Tellis vs Bombay Municipal Corporataion (1985)Further expanded the meaning of right to life and included second generation rights

5Justice Delayed : The Loss Through LawUnion Carbide Corp. Vs Union of India (1989)

6ReservationsIndira Sawhney Vs. Union Of India (1992)

7Death in The Custody Nilabati Behera vs State of Orissa (1993)

8Independence of The Judiciary as envisaged by the Constitution of India SC ARA vs Union of India

9Sexual Harassment at The Workplace Vishakha vs State of Rajasthan (1997)

10Euthanasia Debate in IndiaAruna Shanbaug vs Union of India (2011)

In the order of appearance, here are the ten judgments and what they made me feel :

Kesavananda Bharati v. State Of Kerala (1973) :Incredibly powerful judgement which has served to strengthen the power of the constitution of India. The judgement of the court was instrumental in ensuring that the basic structure of the Indian constitution could remain free of corruption no matter the scenarios. In ways more than one, this judgement has safeguarded the democratic fabric of the nation over the 42 years following its pronouncement. The second best in this collection.

Maneka Gandhi v. Union Of India (1978) :Outlines the liberties that any Indian citizen can enjoy in the nation. Against the backdrop of the time following the emergency, the court gives clarity to what the term personal liberty means to each citizen and the fundamental rights that he/she can enjoy.

Mohamed Ahmed Khan v. Shah Bano Begum (1985) :The final judgement of this case started India off on a path that is has yet to recover from. The strain of religion based politics entered Indias blood stream for the first time following this judgement. The judgement gave the right to alimony to Shah Bano Begum which was later revoked by the Indian Parliament. The court also stressed on the importance of a unified civil code for the nation which the government still has not been able to implement. This is a classic example of the aftermath swallowing up the actual judgement itself. What is more interesting is that this case and its judgement even caused rifts within the Muslim community with a group rejecting the courts right to interpret Muslim laws and another group supporting the court. Modys analysis of the post-judgement period is rather spot on in this case.

Olga Tellis v. Bombay Municipal Corporation (1985) :In an unrelated case, famed Bollywood actor Salman Khan was found guilty by the Bombay sessions court in a case of hit and run ( that happened in 2002) in May 2015. The case was that Salman driving under the influence of alcohol had ran over a pavement dweller who died on the spot. The judgement seemed to incense an entire coterie of Bollywood celebrities who took to social media to vent and fume. Of note was the singer Abhijeet Bhattacharya whose tweets called the pavement dwellers as stray dogs. Such is the status that a strata of Indians award to their lesser fortunate counterparts. Such a mental divide will perhaps never disappear from the minds of people and the court did what best it could in 1985.The case of Olga Tellis was a litigation where the court ruled in terms of the governments role in providing housing and infrastructure support to those who cannot afford it. The right to livelihood and the right to life are rather intricately connected and the courts judgement pronounced these in exhaustive detail.

Union Carbide v. Union Of India (1989): The Bhopal gas disaster is a nightmare that the nation tries its best to forget. But try as we might, the nightmare scenario just refuses to vanish even after decades. It is only when we get to understand the legal battle that went on after the disaster do we begin to realize how lack of proper laws ends up with the judiciary being taken for a ride by an outsider corporation. This is perhaps the one case in this book that deserves a detailed reading of how the victims ended up with practically pittance as compensation for the horrors that were unleashed upon them. The Union Carbide corporation still walks free and generations later, Bhopal still hasnt recovered from the wound.

Indra Sawhney v. Union Of India (1992) :The divisions of caste, creed and class have always been a bane for India. Time and again social reformers, intellectuals and the common man have argued for the dismantling of this and yet vote bank politics has ensured that this monster is kept alive forever. To fully understand the depth of how these tentacles have suffocated the Indian psyche, a basic understanding of the Mandal commission and the subsequent actions of the V.P. Singh government is needed. The case of Indra Sawhney was against the backdrop of these caste based reservations in educational and employment scenarios of governmental organizations. While the court accepted and understood the mindlessness behind this logic, it could not choose to act alone. It needed the support of the ruling body to ensure that we phased out caste based reservations. The judgement came in 1992 and it is now 2015, things have not changed and so you can guess how far it went !

Nilabati Behera v. State Of Orissa (1993) :The power of the state to act as judge and jury over its citizens is never so pronounced as an unlawful police detention. Countless men and women pass away in police custody and never has the Supreme Court taken a tough stance before the Nilabati Behera case. The judgement put out solid guidelines to be followed by the Police while performing an arrest and of the fundamental rights that every citizen has while being arrested. It lays down the foundations of individual liberty and the safeguards that one has against unlawful detention.

Supreme Court Advocates-on-Record Association v. Union Of India (1993) :Being the apex court, the appointment of judges at the Supreme Court is an activity that needs to be beyond reproach. Granted that there would be exceptions and yet the process needs to be as foolproof as possible. This case from 1993 sought to clarify the process by which judges can be appointed or removed from the SC.

Vishaka v. State Of Rajasthan (1997) :From my POV as a member of the corporate world, this one case and its judgement has had the most lasting impact on workplaces across India. The prevention of harassment at the workplace was lacking a serious framework until the court stepped in and provided a robust method to combat this rising issue. The judgement and the following effects might appear a tad too lenient at first glance but Mody also makes mention of another case. The case of Usha C S v. Madras Refineries finds the Supreme Court coming down heavily on a petitioner who tries to take undue advantage on the benefits provided by the prevention of sexual harassment law. Makes for a very good case study.

Aruna Ramachandra Shanbaug v. Union Of India (2011) :If you have not heard of Aruna Shanbaug, I would suggest that you read up about her. The plight of this woman will make you uncomfortable to the levels to which humanity can sink to and also that kindness is the most redeeming virtue of them all. Following a public interest litigation by activist Pinky Virani, the SC chose to pronounce a detailed judgement on the nature of euthanasia and its applicability in India. This case sees the SC don its most humanitarian role and straighten out the controversies that surrounded the debate on euthanasia. This is perhaps the best case study from the whole list.