Judiciary is an important part of any government and society. The Supreme Court of India is indeed one of the most powerful courts in the world. And on the day of Independence, we must be remembering some historical judgments which changed the course of India.
Let’s start with the basic structure
1. Kesavananda Bharathi Sripadgalavaru v. State of Kerala, 1973: In this case, the apex court held that although no part of the Constitution including the Fundamental Rights was beyond the amending power of Parliament, however, “the basic structure of the Constitution was also by a constitutional amendment”. cannot be repealed.” Also popular as the Kesavananda Bharati Case (1973), it became the savior of Indian democracy and saved the Constitution from losing its soul.
2. Right to Privacy: In the landmark Puttaswamy vs Union of India case, 2017, the right to privacy was declared a fundamental right by the Supreme Court in the case.
3. Repeal of Section 377: In 2018, the apex court ruled that Section 377 was unconstitutional “in so far as it criminalizes consensual sexual conduct between adults of the same sex.”
4. Maneka Gandhi v Union of India: In 1977 the Bench held that citizens have the right to personal liberty (Article 21 of the Constitution), setting an important precedent for matters of fundamental right.
5. Vishakha and the State of Rajasthan (1997): In this case the definition of sexual harassment at workplace and guidelines for dealing with it are given.
6. Lily Thomas & Union of India (2013): With regard to electoral reforms, the decision is a crucial part of the country. The top court ruled that “any MP, MLA, or MLC who is convicted of an offense and sentenced to at least two years in prison shall forthwith forfeit his membership in the House.”
7. IR Coelho Case, 2007: It pointed out the importance of judicial review and the powers of the judiciary in this regard.
8. National Legal Services Authority vs Union of India: This is a landmark judgment of the Supreme Court, which declared transgender people as the ‘third gender’. And also underlined that the Fundamental Rights given under the Constitution would be equally applicable to them.
9. Triple Talaq Judgment (2016): A five-judge Constitution Bench 3:2 has declared that the practice of instant triple talaq is unconstitutional.
10. Indra Sawhney & Ors. Vs Union of India: The court in its judgment held that “the backward classes under Article 16(4) cannot be identified on the basis of economic criteria, but the caste system also needs to be considered ” Simultaneously, the concept of creamy layer was laid down and it was directed that such creamy layer should be excluded while identifying backward classes.
Since 1950, India’s judiciary has played an important role in interpreting and protecting the Constitution.
“The judiciary, thanks to its independence from the control of the state, strikes a proper balance between conflicting tendencies. Therefore the independence of the judiciary is an inseparable feature in every constitution.”
Justice Ashok Kumar Ganguly, Historic Judgments That Changed India