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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
1–20 · Page 1 of 2
Supreme Court of India2023
(2023) 4 SCC 1
Fundamental rights under Articles 19 and 21 are horizontally enforceable against non-state private actors; the restrictions under Article 19(2) are exhaustive and cannot be supplemented by judicial fiat.
Supreme Court of India
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
1–20 · Page 1 of 2
Supreme Court of India2023
(2023) 4 SCC 1
Fundamental rights under Articles 19 and 21 are horizontally enforceable against non-state private actors; the restrictions under Article 19(2) are exhaustive and cannot be supplemented by judicial fiat.
Supreme Court of India
(2020) 3 SCC 637
Freedom of speech and right to practice trade/profession over the internet are protected under Articles 19(1)(a) and 19(1)(g); indefinite suspension of internet services is unconstitutional under proportionality test.
Supreme Court of Indiaundefined undefined NaNFull text
(2018) 10 SCC 1
Decriminalized consensual adult same-sex relations; constitutional morality prevails over popular morality; individual autonomy and sexual orientation protected under Article 21.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2017) 9 SCC 1
Manifest arbitrariness is an independent constitutional ground to invalidate primary and subordinate legislation under Article 14. Triple Talaq (Talaq-e-biddat) struck down as manifestly arbitrary.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2017) 10 SCC 1
Unanimously affirmed that the right to privacy is a fundamental right emanating from Article 21 and the right to personal liberty, protecting spatial, decisional, and informational privacy.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2015) 5 SCC 1
Established clear distinction between discussion, advocacy, and incitement; Section 66A of IT Act struck down for being unconstitutionally vague, overbroad, and causing a chilling effect on speech.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2010) 7 SCC 263
Involuntary administration of polygraph, narco-analysis, and brain-mapping violates Articles 20(3) and 21; any subsequent discovery under Section 27 is tainted and inadmissible. | Protection against involuntary testimonial evidence and tainted discoveries applied under Section 23 BSA.
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1997) 6 SCC 241
Gender equality and freedom from sexual harassment at the workplace are guaranteed under Articles 14, 19, and 21; formulated Vishaka Guidelines in the absence of enacted legislation.
Supreme Court of India1995Cited by 1
(1995) 2 SCC 161
Airwaves and electromagnetic frequencies are public property; right to freedom of speech under 19(1)(a) includes the right to impart and receive information through electronic media without state monopoly.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(1994) 3 SCC 1
Secularism is an essential feature of the Basic Structure of the Constitution; mixing politics with religion is impermissible and justifies imposition of President's Rule under Article 356.
Supreme Court of Indiaundefined undefined NaNFull text
1992 Supp (3) SCC 217
Mandal: reservations capped at 50%, creamy layer excluded, no reservation in promotions (later modified by 77th Amendment).
Supreme Court of India1989Cited by 2
(1989) 2 SCC 574
Freedom of expression cannot be held to ransom by a hostile audience or threats of violence; restriction under Article 19(2) must have a proximate and direct nexus like a spark in a powder keg.
Supreme Court of India1986
(1986) 3 SCC 615
Freedom of speech under Article 19(1)(a) includes the right to remain silent; respectfully standing during the national anthem without singing does not violate any law or show disrespect.
Supreme Court of Indiaundefined undefined NaNFull text
AIR 1986 SC 180
Right to life includes the right to livelihood, as no person can live without means of sustenance; procedural fairness and natural justice required prior to eviction of pavement dwellers.
Supreme Court of India1985Cited by 2
(1985) 1 SCC 641
Prior restraints and burdens on the press examined against free speech guarantees.
Supreme Court of India1982
(1982) 1 SCC 1
Press interviews of death-row prisoners permitted subject to reasonable jail regulation.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(1980) 3 SCC 625
Limited amending power is itself basic; clauses excluding judicial review of amendments struck down; harmony between Parts III and IV.
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1980) 2 SCC 684
Death penalty under Section 302 IPC can only be awarded in the 'rarest of rare' cases when alternative option of life imprisonment is unquestionably foreclosed; balance sheet of aggravating and mitigating factors. | Rarest of rare doctrine governing capital punishment applied to Section 103 BNS (punishment for murder).
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
AIR 1978 SC 597
Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment; the principle of reasonableness pervades Article 14 like a brooding omnipresence. | Procedure established by law under Article 21 must be just, fair, and reasonable, not arbitrary or fanciful. Established the Golden Triangle connecting Articles 14, 19, and 21.
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1973) 4 SCC 225
Established Basic Structure Doctrine; Parliament has wide power to amend any part of the Constitution under Article 368, but cannot alter, damage, or destroy its Basic Structure.
Also on Law on Tips: Bare Acts · Legal news and analysis
(2020) 3 SCC 637
Freedom of speech and right to practice trade/profession over the internet are protected under Articles 19(1)(a) and 19(1)(g); indefinite suspension of internet services is unconstitutional under proportionality test.
Supreme Court of Indiaundefined undefined NaNFull text
(2018) 10 SCC 1
Decriminalized consensual adult same-sex relations; constitutional morality prevails over popular morality; individual autonomy and sexual orientation protected under Article 21.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2017) 9 SCC 1
Manifest arbitrariness is an independent constitutional ground to invalidate primary and subordinate legislation under Article 14. Triple Talaq (Talaq-e-biddat) struck down as manifestly arbitrary.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2017) 10 SCC 1
Unanimously affirmed that the right to privacy is a fundamental right emanating from Article 21 and the right to personal liberty, protecting spatial, decisional, and informational privacy.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2015) 5 SCC 1
Established clear distinction between discussion, advocacy, and incitement; Section 66A of IT Act struck down for being unconstitutionally vague, overbroad, and causing a chilling effect on speech.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2010) 7 SCC 263
Involuntary administration of polygraph, narco-analysis, and brain-mapping violates Articles 20(3) and 21; any subsequent discovery under Section 27 is tainted and inadmissible. | Protection against involuntary testimonial evidence and tainted discoveries applied under Section 23 BSA.
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1997) 6 SCC 241
Gender equality and freedom from sexual harassment at the workplace are guaranteed under Articles 14, 19, and 21; formulated Vishaka Guidelines in the absence of enacted legislation.
Supreme Court of India1995Cited by 1
(1995) 2 SCC 161
Airwaves and electromagnetic frequencies are public property; right to freedom of speech under 19(1)(a) includes the right to impart and receive information through electronic media without state monopoly.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(1994) 3 SCC 1
Secularism is an essential feature of the Basic Structure of the Constitution; mixing politics with religion is impermissible and justifies imposition of President's Rule under Article 356.
Supreme Court of Indiaundefined undefined NaNFull text
1992 Supp (3) SCC 217
Mandal: reservations capped at 50%, creamy layer excluded, no reservation in promotions (later modified by 77th Amendment).
Supreme Court of India1989Cited by 2
(1989) 2 SCC 574
Freedom of expression cannot be held to ransom by a hostile audience or threats of violence; restriction under Article 19(2) must have a proximate and direct nexus like a spark in a powder keg.
Supreme Court of India1986
(1986) 3 SCC 615
Freedom of speech under Article 19(1)(a) includes the right to remain silent; respectfully standing during the national anthem without singing does not violate any law or show disrespect.
Supreme Court of Indiaundefined undefined NaNFull text
AIR 1986 SC 180
Right to life includes the right to livelihood, as no person can live without means of sustenance; procedural fairness and natural justice required prior to eviction of pavement dwellers.
Supreme Court of India1985Cited by 2
(1985) 1 SCC 641
Prior restraints and burdens on the press examined against free speech guarantees.
Supreme Court of India1982
(1982) 1 SCC 1
Press interviews of death-row prisoners permitted subject to reasonable jail regulation.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(1980) 3 SCC 625
Limited amending power is itself basic; clauses excluding judicial review of amendments struck down; harmony between Parts III and IV.
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1980) 2 SCC 684
Death penalty under Section 302 IPC can only be awarded in the 'rarest of rare' cases when alternative option of life imprisonment is unquestionably foreclosed; balance sheet of aggravating and mitigating factors. | Rarest of rare doctrine governing capital punishment applied to Section 103 BNS (punishment for murder).
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
AIR 1978 SC 597
Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment; the principle of reasonableness pervades Article 14 like a brooding omnipresence. | Procedure established by law under Article 21 must be just, fair, and reasonable, not arbitrary or fanciful. Established the Golden Triangle connecting Articles 14, 19, and 21.
Supreme Court of Indiaundefined undefined NaNFull textCited by 2
(1973) 4 SCC 225
Established Basic Structure Doctrine; Parliament has wide power to amend any part of the Constitution under Article 368, but cannot alter, damage, or destroy its Basic Structure.
Also on Law on Tips: Bare Acts · Legal news and analysis