Landmark Judgments and Legal Maxims

What to remember

• The basic structure doctrine (Kesavananda Bharati, 1973) says Parliament can amend the Constitution but cannot destroy its basic features.
• Article 21 grew through case law: Maneka Gandhi (1978) made "procedure established by law" mean a fair, just and reasonable procedure, and Puttaswamy (2017) declared privacy a fundamental right.
• Latin maxims are short rules of law. Learn each maxim with its plain meaning and one example.

Constitutional amendment cases

Kesavananda Bharati was decided by a thirteen-judge bench with a narrow majority of 7 to 6. The case began from a challenge to a Kerala land reform law. The Court overruled Golaknath. The list of basic features developed over time and includes supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections and the welfare state goal.

Minerva Mills struck down parts of the 42nd Amendment that took away judicial review and gave Directive Principles priority over some Fundamental Rights.

Personal liberty and Article 21

• Maneka Gandhi: her passport was impounded without any hearing. The Court held that a law taking away personal liberty must pass the tests of Articles 14, 19 and 21.
• ADM Jabalpur (1976): during the Emergency the majority held that the right to move court for habeas corpus was suspended. Justice H.R. Khanna dissented. This view was later rejected, and Puttaswamy declared it wrong.
• Puttaswamy (2017): a nine-judge bench held that privacy is a part of life and liberty under Article 21 and of the freedoms in Part III. It overruled the older views that denied this.
• Vishaka guidelines were later replaced by a statute, the Sexual Harassment of Women at Workplace Act, 2013.
• Lalita Kumari (2013): registration of an FIR is compulsory when information discloses a cognizable offence.

Other important judgments

Doctrines and terms

• Ratio decidendi: the legal reasoning that binds lower courts.
• Obiter dictum: a passing remark, not binding.
• Stare decisis: courts follow earlier decisions. Under Article 141, the law declared by the Supreme Court is binding on all courts in India.
• Prospective overruling: a new ruling applies only to future cases.
• Pith and substance, colourable legislation, doctrine of eclipse are used while testing laws.
• Strict liability (Rylands v Fletcher) allows exceptions; absolute liability (M.C. Mehta) allows none.

How the cases connect

The story of Part III and Article 368 is one of tension between Parliament and the courts. In Shankari Prasad and Sajjan Singh, the Court allowed Parliament to amend any part of the Constitution. In Golaknath, the Court reversed this and treated an amendment as ordinary "law" that cannot take away Fundamental Rights. Parliament then passed the 24th Amendment to restore its power. Kesavananda Bharati found the middle path: amendment is allowed, but the basic structure stays. Minerva Mills then used the same doctrine against the 42nd Amendment.

In the same way, the meaning of Article 21 widened step by step. In Gopalan, each Article of Part III was read as a separate box. In Maneka Gandhi, the Court read Articles 14, 19 and 21 together, so any law that restricts liberty must be reasonable and fair. Later cases brought many rights under Article 21: speedy trial, free legal aid, livelihood, education, a clean environment and dignity in custody. Puttaswamy then confirmed privacy and overruled the narrow views of the past.

For reservations, Indra Sawhney remains the main authority. It upheld reservation for backward classes in jobs, excluded the creamy layer and set the 50% rule as a general ceiling.

Legal maxims

Writs and their Latin names: habeas corpus (produce the body), mandamus (we command), certiorari (to be informed), prohibition (forbids a lower court), quo warranto (by what authority).

Exam traps

• Golaknath vs Kesavananda: Golaknath denied power to amend Fundamental Rights; Kesavananda allowed it but protected the basic structure.
• Kesavananda bench: 13 judges, 7 to 6. Not 11 judges (that was Golaknath).
• Gopalan vs Maneka: Gopalan read Article 21 narrowly; Maneka widened it.
• ADM Jabalpur vs Puttaswamy: Puttaswamy rejected the older view.
• Vishaka gave guidelines; the 2013 Act made the law.
• Injuria sine damno vs damnum sine injuria: the first is actionable, the second is not.
• Ratio vs obiter: only the ratio binds.
• Strict vs absolute liability: absolute allows no exceptions.
• Shreya Singhal struck down Section 66A, not Section 377.

One-liners

• 1. Kesavananda Bharati laid down the basic structure doctrine.
• 2. Minerva Mills balanced Fundamental Rights and Directive Principles.
• 3. Maneka Gandhi linked Articles 14, 19 and 21.
• 4. Puttaswamy: right to privacy is a fundamental right.
• 5. Vishaka: workplace sexual harassment guidelines.
• 6. Indra Sawhney: 50% ceiling on reservations, creamy layer.
• 7. Bommai: judicial review of President's Rule.
• 8. Navtej Singh Johar: Section 377 read down for consenting adults.
• 9. Shreya Singhal: Section 66A struck down.
• 10. Article 141 makes Supreme Court law binding on all courts.
• 11. Audi alteram partem means hear the other side.
• 12. Mens rea means a guilty mind.

Practice questions

1. The Kesavananda Bharati judgment was delivered in

   1. 1967
   2. 1980
   3. 1973
   4. 1978
   Answer

   C. 1973

   Decided in 1973.

2. The basic structure doctrine was laid down in

   1. Golaknath v State of Punjab
   2. Shankari Prasad v Union of India
   3. A.K. Gopalan v State of Madras
   4. Kesavananda Bharati v State of Kerala
   Answer

   D. Kesavananda Bharati v State of Kerala

   Kesavananda is the source.

3. Which case held that Fundamental Rights cannot be amended under Article 368?

   1. Golaknath
   2. Kesavananda Bharati
   3. Shankari Prasad
   4. Sajjan Singh
   Answer

   A. Golaknath

   Golaknath (1967); later overruled.

4. The Maneka Gandhi case arose from

   1. Taxation of income
   2. Impounding of a passport
   3. Eviction of pavement dwellers
   4. Preventive detention
   Answer

   B. Impounding of a passport

   It widened Article 21.

5. Puttaswamy (2017) declared which right a fundamental right?

   1. Right to property
   2. Right to strike
   3. Right to privacy
   4. Right to education
   Answer

   C. Right to privacy

   Privacy is part of Article 21.

6. The Puttaswamy privacy judgment was delivered by a bench of how many judges?

   1. Nine
   2. Eleven
   3. Seven
   4. Five
   Answer

   A. Nine

   A nine-judge bench.

7. The Kesavananda Bharati bench had how many judges?

   1. Nine
   2. Thirteen
   3. Eleven
   4. Seven
   Answer

   B. Thirteen

   Thirteen judges, majority 7 to 6.

8. The Vishaka judgment dealt with

   1. Custodial death
   2. Reservation in promotions
   3. Right to education
   4. Sexual harassment at the workplace
   Answer

   D. Sexual harassment at the workplace

   Guidelines later became the 2013 Act.

9. Indra Sawhney is known for

   1. Triple talaq
   2. Right to privacy
   3. The 50% general ceiling on reservations
   4. Abolition of the Ninth Schedule
   Answer

   C. The 50% general ceiling on reservations

   It also excluded the creamy layer.

10. The S.R. Bommai case concerned

    1. Basic structure and privacy
    2. Judicial review of the use of Article 356
    3. Press freedom
    4. Free legal aid
    Answer

    B. Judicial review of the use of Article 356

    It made President's Rule open to review.

11. Which provision was struck down in Shreya Singhal (2015)?

    1. Section 66A of the Information Technology Act
    2. Section 377 of the Indian Penal Code
    3. Section 124A of the Penal Code
    4. Section 497 of the Penal Code
    Answer

    A. Section 66A of the Information Technology Act

    66A violated free speech.

12. Navtej Singh Johar (2018) read down

    1. Section 66A of the IT Act
    2. Section 497
    3. Section 302
    4. Section 377 of the Indian Penal Code
    Answer

    D. Section 377 of the Indian Penal Code

    Consensual same-sex acts between adults are not crimes.

13. Which case struck down parts of the 42nd Amendment and stressed harmony between Fundamental Rights and Directive Principles?

    1. Minerva Mills
    2. Golaknath
    3. Olga Tellis
    4. Maneka Gandhi
    Answer

    A. Minerva Mills

    Minerva Mills (1980).

14. Who gave the dissenting opinion in ADM Jabalpur (1976)?

    1. Justice P.N. Bhagwati
    2. Justice H.R. Khanna
    3. Justice M.H. Beg
    4. Justice Y.V. Chandrachud
    Answer

    B. Justice H.R. Khanna

    Khanna alone dissented.

15. The maxim 'mens rea' means

    1. A civil wrong
    2. A lawful excuse
    3. A guilty act
    4. A guilty mind
    Answer

    D. A guilty mind

    Mens rea is the mental element of a crime.

16. The maxim 'audi alteram partem' means

    1. The thing speaks for itself
    2. No one is judge in their own cause
    3. Hear the other side
    4. Let the buyer beware
    Answer

    C. Hear the other side

    A rule of natural justice.

17. The writ 'habeas corpus' literally means

    1. By what authority
    2. We command
    3. Produce the body
    4. To be informed
    Answer

    C. Produce the body

    It secures release from unlawful detention.

18. 'Res judicata' means

    1. A matter beyond jurisdiction
    2. A matter pending in court
    3. A matter of public interest
    4. A matter already decided by a court
    Answer

    D. A matter already decided by a court

    A final decision bars a fresh suit.

19. The maxim that bars a person from being a judge in their own case is

    1. Nemo judex in causa sua
    2. Volenti non fit injuria
    3. Audi alteram partem
    4. Stare decisis
    Answer

    A. Nemo judex in causa sua

    It is the rule against bias.

20. The writ used to question by what authority a person holds a public office is

    1. Mandamus
    2. Quo warranto
    3. Prohibition
    4. Certiorari
    Answer

    B. Quo warranto

    Quo warranto means 'by what authority'.

21. Under Article 141, the law declared by the Supreme Court is binding on

    1. All courts in India
    2. Only the High Courts
    3. Only subordinate courts
    4. Only the Union Government
    Answer

    A. All courts in India

    Article 141.

22. The part of a judgment that binds lower courts is the

    1. Prayer clause
    2. Cause title
    3. Obiter dictum
    4. Ratio decidendi
    Answer

    D. Ratio decidendi

    Obiter is only a passing remark.

23. A loss suffered without any legal injury is covered by the maxim

    1. Res ipsa loquitur
    2. Ubi jus ibi remedium
    3. Damnum sine injuria
    4. Injuria sine damno
    Answer

    C. Damnum sine injuria

    Such loss is not actionable.

24. The rule of absolute liability for hazardous industries was laid down in

    1. Donoghue v Stevenson
    2. M.C. Mehta (Oleum gas leak)
    3. Shah Bano
    4. Rylands v Fletcher
    Answer

    B. M.C. Mehta (Oleum gas leak)

    Absolute liability has no exceptions.

25. Which case widened the reading of 'procedure established by law' given earlier in Gopalan?

    1. Maneka Gandhi
    2. Shankari Prasad
    3. Indra Sawhney
    4. Lalita Kumari
    Answer

    A. Maneka Gandhi

    Procedure must be fair, just and reasonable.

26. Laws placed in the Ninth Schedule can be reviewed if they violate the basic structure. This was held in

    1. Vishaka
    2. I.R. Coelho
    3. Golaknath
    4. Shayara Bano
    Answer

    B. I.R. Coelho

    Coelho (2007).

27. A patient finds a surgical instrument left inside the body after an operation. The maxim that helps prove negligence is

    1. Functus officio
    2. Caveat emptor
    3. Res ipsa loquitur
    4. Pacta sunt servanda
    Answer

    C. Res ipsa loquitur

    The thing speaks for itself.

28. Which case held that decisions of tribunals can be reviewed by High Courts?

    1. Bommai
    2. Kesavananda Bharati
    3. Vishaka
    4. L. Chandra Kumar
    Answer

    D. L. Chandra Kumar

    Judicial review is basic structure.

29. When a court takes up a matter on its own, without a petition, it is said to act

    1. Suo motu
    2. Ex parte
    3. Ab initio
    4. Sub judice
    Answer

    A. Suo motu

    Suo motu means on its own motion.

30. In 'cars, buses, trucks and other vehicles', the words 'other vehicles' are read as like the listed ones. This rule is

    1. Obiter dictum
    2. Res judicata
    3. Ejusdem generis
    4. Ultra vires
    Answer

    C. Ejusdem generis

    Ejusdem generis: of the same kind.

31. The collegium system of appointing judges came from

    1. Maneka Gandhi
    2. Indra Sawhney
    3. Puttaswamy
    4. The Second Judges Case
    Answer

    D. The Second Judges Case

    Second Judges Case (1993).

32. Which case made registration of an FIR compulsory when a cognizable offence is disclosed?

    1. D.K. Basu
    2. Lalita Kumari
    3. Arnesh Kumar
    4. Hussainara Khatoon
    Answer

    B. Lalita Kumari

    Lalita Kumari (2013).

33. Consider the statements: 1. Kesavananda Bharati overruled Golaknath. 2. Kesavananda Bharati held that Parliament cannot amend the Constitution at all. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Parliament can amend, but not the basic structure.

34. Consider the statements: 1. Gopalan widened Article 21 by linking it to Articles 14 and 19. 2. Maneka Gandhi linked Articles 14, 19 and 21. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Gopalan read Article 21 narrowly.

35. Consider the statements: 1. Puttaswamy was decided by a nine-judge bench. 2. Puttaswamy rejected the view taken in ADM Jabalpur on personal liberty. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

36. Consider the statements: 1. Shreya Singhal struck down Section 377. 2. Navtej Singh Johar struck down Section 66A. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    Shreya Singhal: Section 66A; Navtej Johar: Section 377.

37. Consider the statements: 1. Indra Sawhney excluded the creamy layer from OBC reservation. 2. Indra Sawhney set a general ceiling of 50% on reservations. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

38. Consider the statements: 1. Strict liability allows exceptions. 2. Absolute liability allows exceptions. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Absolute liability allows none.

39. Consider the statements: 1. Obiter dicta bind all courts. 2. The ratio decidendi of a Supreme Court judgment binds all courts. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Only the ratio binds.

40. Consider the statements: 1. Article 141 makes the law declared by the Supreme Court binding. 2. Injuria sine damno is not actionable. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Injuria sine damno is actionable; so 2 is wrong.

41. Consider the statements: 1. In ADM Jabalpur the majority held that habeas corpus was available during the Emergency. 2. Justice Khanna dissented in ADM Jabalpur. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    The majority held it was not available.

42. Which pair is correctly matched?

    1. Indra Sawhney - Right to privacy
    2. Shreya Singhal - Adultery
    3. Joseph Shine - Section 66A
    4. NALSA v Union of India - Recognition of the third gender
    Answer

    D. NALSA v Union of India - Recognition of the third gender

    NALSA (2014) recognised transgender persons.

43. The writ meaning 'we command' and used to direct a public official to do a public duty is

    1. Prohibition
    2. Certiorari
    3. Mandamus
    4. Quo warranto
    Answer

    C. Mandamus

    Mandamus.