Law of Constitution - Best Lawyer In Delhi/NCR

Law of Constitution in India

Constitutional law in India is the body of law that governs the structure, powers, and functions of the Indian government and the fundamental rights and duties of its citizens. The Indian Constitution, adopted on January 26, 1950, is the supreme law of the land and is one of the lengthiest written constitutions in the world. It establishes India as a sovereign, socialist, secular, and democratic republic, guaranteeing justice, equality, and liberty to all its citizens.

Keshavananda Bharati v. State of Kerala (1973): This case established the “Basic Structure Doctrine,” which limits the amending power of the Indian Parliament. It stipulates that while the Constitution can be amended, the core principles and framework of the Constitution, including democracy, federalism, and secularism, cannot be altered.
Maneka Gandhi v. Union of India (1978): This case expanded the scope of personal liberty guaranteed under Article 21 of the Constitution. The Supreme Court ruled that the right to travel abroad is an integral part of personal liberty, and any law infringing on this right must satisfy the test of reasonableness.
Minerva Mills Ltd. v. Union of India (1980): This case reaffirmed the supremacy of the Constitution over parliamentary sovereignty. It struck down parts of the 42nd Amendment Act, which had given the Parliament unchecked amending power. The court emphasized the balance of power between the three branches of government.
Vishaka v. State of Rajasthan (1997): This case addressed the issue of sexual harassment at the workplace and laid down guidelines to ensure the dignity and safety of working women. It recognized sexual harassment as a violation of fundamental rights and created a legal framework for addressing such complaints.
Navtej Singh Johar v. Union of India (2018): This judgment decriminalized consensual homosexual acts between adults by striking down Section 377 of the Indian Penal Code. It was a significant step towards recognizing the rights and dignity of the LGBTQ+ community.
Sabarimala Temple Case (2018): In this case, the Supreme Court allowed the entry of women of all age groups into the Sabarimala Temple, striking down an age-old tradition that restricted the entry of women of menstruating age. This decision upheld gender equality and freedom of worship.
Ayodhya Ram Janmabhoomi-Babri Masjid Case (2019): This historic judgment resolved a long-standing dispute by granting the disputed site to Hindus for the construction of a Ram Temple and providing an alternative 5-acre plot to the Muslim community for a mosque. It underscored the importance of maintaining peace and harmony while addressing sensitive religious issues.

Indian constitutional law continues to evolve as the judiciary interprets and applies its provisions in response to changing societal norms and values. These landmark judgments reflect the dynamic nature of the Indian Constitution and its commitment to upholding the principles of justice, equality, and liberty for all its citizens.