Judgement Briefs

Case brief index

Constitutional Law

98 cases organised by topic.

State Action and Article 12

Meaning of State, instrumentality of State, public function, horizontal application

Definition of “Law” under Article 13

Retrospective effect, severability, eclipse, waiver, presumption of constitutionality

Equality and Classification

Article 14, reasonable classification, equal protection

Equality and Arbitrariness

Article 14, manifest arbitrariness, constitutional morality

Gender Equality and Non-Discrimination

Articles 14 and 15, sex discrimination, gender justice, sexuality

Caste, Reservation and Substantive Equality

Articles 15, 16 and 17, affirmative action, backwardness, reservation limits

Freedom of Speech and Expression

Article 19(1)(a), press freedom, internet shutdowns, reasonable restrictions

Right to Life and Personal Liberty

Article 21, due process, dignity, livelihood, privacy, education

Freedom of Religion

Articles 25 to 28, essential religious practices, secularism, religious autonomy

Minority and Cultural Educational Rights

Articles 29 and 30, minority institutions, educational autonomy

Territory and Reorganisation

Articles 1 to 4, creation of States, alteration of boundaries, Article 370

Cession and Acquisition of Territory

Sovereignty, territorial exchange, constitutional procedure

Territorial Legislative Competence

Article 245, territorial nexus, legislative reach

Doctrine of Pith and Substance

Legislative lists, true nature of law, incidental encroachment

Harmonious Construction of Legislative Entries

Overlapping entries, reconciliation of Union and State powers

Residuary Powers and Repugnancy

Articles 248 and 254, residuary field, conflicting laws

Constitutional Amendment and Basic Structure

Article 368, limits on amendment power, basic structure doctrine

Union and State Executive

Governor, aid and advice, discretion, federal executive power

Ordinance-Making Power

Executive law-making, re-promulgation, limits on ordinance power

Constitutional Emergencies

National emergency, President’s Rule, judicial review, federal breakdown

Judiciary and Judges’ Appointments

Judicial independence, collegium system, appointments