The crux of Kesavanand Bharati & Golaknath etc. cases... Here goes the brief list (case name, year and what did the Supreme court ruled in that case and how parliament reacted to it?) Shankari Prasad /1951SC said: yes Government can aquire private property for public causeyes parliament can amend fundamental rights Golaknath v Punjab 1967Supreme court reverts from previous judgment- now Supreme court says
To counter this SC judgement, Parliament passes 24th amendment in '71 sayingyes parliament can amend or take away any Fund.right Keshvanand Bharti vs Keral /73Now again SC changes its position.SC says : yes, parliament can amended fundamental rights but it cannot change the BASIC structure of the Constitution.*for explanation of basic structure, refer to Laxmikanth's Polity book*parliament again makes 42nd amendment to counter this- with following two provisions.1. Constitutional amendment cannot be challenged in courts2. Parliament can amend anything and everything of the Constitution , even if it is against the fundamental rights. Minerawa Mills /80SC rejects above 42nd amendment, because it violated the basic structure of Constitution.There are some other important cases too: (list is not exhaustive) Bommai SC sets guidelines about how and when to impose # 356 (President's rule)Union Government cannot impose President's rule on any state, according to its whims and fancies .Indira Sawhney Creamy layer in OBC Vishakha SC set the anti-sexual harassment guidelines |
ITCSA stands for ‘Indian Telugu Civil Servants Association’. It is the informal group of Civil Servants hailing from Andhra Pradesh & Telangana working in different parts of India and abroad. The idea was conceived on 9th November, 2006 by Telugu Civil Servants of 80 Foundation Course (LABASNAA, Mussorie). The association uses web-based Google Group named ‘ITCSA’ as the major platform for interaction among members. Aspirants can interact with ITCSA members through itcsa2006@gmail.com
Sunday, October 23, 2011
Important cases for civils polity-Mrunal's Blog
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