Judicial Review cases of India - A Complete Guide

India has a rich history of judicial review, with several landmark cases that have shaped the country's legal system.

Here are some notable judicial review cases in India:

Kesavananda Bharati v. State of Kerala (1973): This case is considered a landmark in Indian constitutional law. The Supreme Court of India, in a historic decision, established the "basic structure doctrine." It held that Parliament has the power to amend the Constitution but cannot alter its basic structure or framework.

Maneka Gandhi v. Union of India (1978): This case expanded the scope of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Supreme Court held that the right to life includes the right to travel abroad and the right to a fair procedure.

Minerva Mills Ltd. v. Union of India (1980): In this case, the Supreme Court struck down certain provisions of the 42nd Amendment Act, 1976, which had given wider powers to the Parliament to amend the Constitution. The court held that there are certain essential features of the Constitution that cannot be amended.

Vishaka v. State of Rajasthan (1997): This case addressed the issue of sexual harassment of women in the workplace. The Supreme Court laid down guidelines to be followed by employers to prevent sexual harassment and to provide redressal mechanisms.

S.R. Bommai v. Union of India (1994): In this case, the Supreme Court dealt with the issue of imposition of President's Rule in states. It held that the court has the power of judicial review over the imposition of President's Rule and set certain guidelines to be followed.

S.P. Gupta v. Union of India (1981): This case is commonly known as the "Judges' Transfer case." The Supreme Court held that the primacy of the judiciary in the appointment and transfer of judges must be maintained to preserve judicial independence.

Indira Nehru Gandhi v. Raj Narain (1975): This case dealt with the election of Indira Gandhi as Prime Minister and the issue of electoral malpractices. The Supreme Court held that the election of Indira Gandhi was invalid due to electoral malpractices. These are just a few examples of significant judicial review cases in India. The Indian judiciary has played a crucial role in interpreting and upholding the Indian Constitution, ensuring the protection of fundamental rights and the separation of powers.

Judicial review in India is a vital component of the country's legal system, allowing the judiciary to review the constitutionality of laws and government actions. Here are some notable judicial review cases in India:

1. Keshavananda Bharati v. State of Kerala (1973): This landmark case is often considered the "Basic Structure Doctrine" case. The Supreme Court of India held that while Parliament has the power to amend the Constitution, it cannot alter its basic structure. This decision established certain fundamental features of the Constitution as inviolable.
2. Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court expanded the scope of the right to life and personal liberty under Article 21 of the Constitution. It held that the procedure established by law must be just, fair, and reasonable, and it cannot be arbitrary or capricious.
3. S.R. Bommai v. Union of India (1994): This case addressed the misuse of Article 356 of the Constitution, which allows the President to dismiss a state government. The Supreme Court laid down guidelines for invoking Article 356, emphasizing that it should be used only as a last resort.
4. Vishaka v. State of Rajasthan (1997): In response to a petition seeking guidelines for preventing sexual harassment at the workplace, the Supreme Court issued landmark guidelines known as the "Vishaka Guidelines." These guidelines provided a framework for addressing workplace harassment and later influenced the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013.
5. K. Puttaswamy v. Union of India (2017): Commonly known as the "Right to Privacy" case, this landmark judgment held that the right to privacy is a fundamental right under the Indian Constitution. It has far-reaching implications for various aspects of Indian law, including data protection.
6. Navtej Singh Johar v. Union of India (2018): In this case, the Supreme Court decriminalized consensual homosexual acts by striking down Section 377 of the Indian Penal Code. The judgment marked a significant step toward LGBTQ+ rights and personal freedom.
7. Aadhaar judgment (2018): The Supreme Court upheld the constitutional validity of the Aadhaar project but imposed several restrictions on its use. The judgment affirmed the right to privacy and set limitations on the collection and use of biometric data.

These cases represent just a few examples of significant judicial review decisions in India. The Indian judiciary plays a crucial role in upholding the Constitution, protecting fundamental rights, and ensuring the legality and constitutionality of government actions and laws. These decisions often have a lasting impact on Indian society and jurisprudence.