Legal Studies NCERT Class 12
Includes:
● Explained cases
● Articles
● Acts and legislations
Cases
CASE JUDGEMENT
Judiciary
Kerala Education Bill case 1958 SC laid down the principles regarding advisory
jurisdiction: a) SC has a discretion and for good
reason to refuse to express its opinion
b) it is for the President to decide what question
should be referred to the Court and if he does not
entertain any serious doubt then it is not for any
party to say that doubts arise out of it
c) Advisory opinion is not binding on courts because
it is not a law within the meaning of Art 141
Special Court Bill case 1979 Advisory jurisdiction is binding on all courts and SC
is under a duty under Art 143 to give its opinion if
the question is not of a vague or political nature
Hussainara Khatoon v. State of A public interest activist lawyer filed this case on
Bihar 1979 behalf of thousands of prisoners of the Bihar jail
against the inhuman conditions of the prison. A
Supreme Court bench headed by Justice P.N.
Bhagwati declared the right to free legal aid and
expeditious trial of these prisoners, which
, ultimately led to their release.
First Judges Case 1981 Gave primacy to the Executive in the
appointment of judges of the Supreme Court and
stated that the CJI's recommendation to the
President can be refused for cogent reasons. It
gave vast powers to the Executive for the next 12
years, in making judicial appointments.
Second Judges Case 1993 The Judgment held that the Chief Justice of
India has primacy in the matter of appointments
to the Supreme Court and the High Courts and
that an appointment has to be in conformity with
the final opinion of the Chief Justice of India
while emphasising the desirability of consultation of
the Chief Justice with other Judges. The executive
element in the appointment process was reduced to a
minimum and political influence was eliminated.
Presidential reference 1998 Emphasized the role of ‘consultation’ and held
that the process of appointment of Judges to the
Supreme Court and the High Courts is an
‘integrated participatory consultative process.’
The Chief Justice of India firms up his opinion after
consultation with a plurality of judges; his opinion is
formed by a body of senior Judges.
Maneka Gandhi v. Union of India Her passport was confiscated by the governmental
authorities without giving her any chance of a prior
hearing. Invoking its judicial review powers in
administrative matters, the Supreme Court
held that in the matter of confiscation of a
passport, a hearing should have been given to the
petitioner in the interest of the principles of
, natural justice (audi alteram partem).
Consequently, a hearing was given and the passport
was returned to her. This is an example where the
court adopted the principle of post-decision-hearing,
in situations of urgency where a prior hearing is not
feasible, and recognized that a chance of hearing
cannot be debarred completely.
Ganges Pollution Case(s) In this case, apart from industries, more than 250
towns and cities have been ordered to put sewage
treatment plants. Six hundred tanneries operating in
the highly congested residential area of Kolkata
have been relocated to a planned Leather Complex
in West Bengal. Many industries were closed
down by the Court and were allowed to reopen
only after they set up effluent treatment plants
and controlled pollution.
Vehicular Pollution Case 1992 A retired Judge of the Supreme Court was appointed
along with three members to recommend
measures for the nationwide control of vehicular
pollution.
Oleum Gas Leak Case (M.C. Mehta Principle of absolute liability was laid down. The
v. Union of India) fertilizer plant was situated very close to human
habitation and the court held that the carrying on of
a hazardous industry in such proximity to the
population could not be permitted and the factory
was relocated. The deep pocket principle was also
laid down in the instant case.
L Chandra Kumar case Supreme Court held that tribunals would not take
away the exclusive jurisdiction of the courts, and
their decisions could be scrutinised by the
Includes:
● Explained cases
● Articles
● Acts and legislations
Cases
CASE JUDGEMENT
Judiciary
Kerala Education Bill case 1958 SC laid down the principles regarding advisory
jurisdiction: a) SC has a discretion and for good
reason to refuse to express its opinion
b) it is for the President to decide what question
should be referred to the Court and if he does not
entertain any serious doubt then it is not for any
party to say that doubts arise out of it
c) Advisory opinion is not binding on courts because
it is not a law within the meaning of Art 141
Special Court Bill case 1979 Advisory jurisdiction is binding on all courts and SC
is under a duty under Art 143 to give its opinion if
the question is not of a vague or political nature
Hussainara Khatoon v. State of A public interest activist lawyer filed this case on
Bihar 1979 behalf of thousands of prisoners of the Bihar jail
against the inhuman conditions of the prison. A
Supreme Court bench headed by Justice P.N.
Bhagwati declared the right to free legal aid and
expeditious trial of these prisoners, which
, ultimately led to their release.
First Judges Case 1981 Gave primacy to the Executive in the
appointment of judges of the Supreme Court and
stated that the CJI's recommendation to the
President can be refused for cogent reasons. It
gave vast powers to the Executive for the next 12
years, in making judicial appointments.
Second Judges Case 1993 The Judgment held that the Chief Justice of
India has primacy in the matter of appointments
to the Supreme Court and the High Courts and
that an appointment has to be in conformity with
the final opinion of the Chief Justice of India
while emphasising the desirability of consultation of
the Chief Justice with other Judges. The executive
element in the appointment process was reduced to a
minimum and political influence was eliminated.
Presidential reference 1998 Emphasized the role of ‘consultation’ and held
that the process of appointment of Judges to the
Supreme Court and the High Courts is an
‘integrated participatory consultative process.’
The Chief Justice of India firms up his opinion after
consultation with a plurality of judges; his opinion is
formed by a body of senior Judges.
Maneka Gandhi v. Union of India Her passport was confiscated by the governmental
authorities without giving her any chance of a prior
hearing. Invoking its judicial review powers in
administrative matters, the Supreme Court
held that in the matter of confiscation of a
passport, a hearing should have been given to the
petitioner in the interest of the principles of
, natural justice (audi alteram partem).
Consequently, a hearing was given and the passport
was returned to her. This is an example where the
court adopted the principle of post-decision-hearing,
in situations of urgency where a prior hearing is not
feasible, and recognized that a chance of hearing
cannot be debarred completely.
Ganges Pollution Case(s) In this case, apart from industries, more than 250
towns and cities have been ordered to put sewage
treatment plants. Six hundred tanneries operating in
the highly congested residential area of Kolkata
have been relocated to a planned Leather Complex
in West Bengal. Many industries were closed
down by the Court and were allowed to reopen
only after they set up effluent treatment plants
and controlled pollution.
Vehicular Pollution Case 1992 A retired Judge of the Supreme Court was appointed
along with three members to recommend
measures for the nationwide control of vehicular
pollution.
Oleum Gas Leak Case (M.C. Mehta Principle of absolute liability was laid down. The
v. Union of India) fertilizer plant was situated very close to human
habitation and the court held that the carrying on of
a hazardous industry in such proximity to the
population could not be permitted and the factory
was relocated. The deep pocket principle was also
laid down in the instant case.
L Chandra Kumar case Supreme Court held that tribunals would not take
away the exclusive jurisdiction of the courts, and
their decisions could be scrutinised by the
