Landmark decisions of Indian Courts (1950-1973)

Find here a collection of landmark decisions handed down by Indian courts in the fields of constitutional and administrative law, between 1950 and 1973

The following table was compiled with the assistance of Mr. Antonin Vergnes, whom we thank for his careful proofreading and advice.

The decisions are arranged in chronological order.

The themes covered here are as follows: separation of powers; federalism; civil rights; fundamental rights; and general principles of constitutional law.

Name of the parties

Jurisdiction

Theme

Summary

Fiche ?

1

Supreme court

General principles of constitutional law ; fundamental rights

First landmark decision on fundamental rights. Restrictive interpretation of Art. 21; rejection of American due process

2

High Court of Patna

Civil rights ; fundamental rights

Partial invalidation of a discriminatory expropriation statute. Foundational in the dialogue between fundamental rights and DPSP

3

Supreme court

Civil rights ; General principles of constitutional law

Invalidation of the Communal G.O. for violation of Art. 29(2). Prompted the 1st Amendment authorising reservations for backward classes

4

Supreme court

General principles of constitutional law

Upholds the 1st Amendment: Parliament may amend fundamental rights

5

Supreme court

Fundamental rights ; General principles of constitutional law

Lays down the proportionality criteria (reasonable restrictions) under Art. 19

6

Supreme court

Fundamental rights ; Civil rights

Defines the limits of legislative power vis-à-vis fundamental property rights in the context of a Bengal land reform statute

7

Supreme court

Fundamental rights

Harmonious interpretation of Arts. 25 and 26 allowing the State to legislate on the opening of temples to all Hindus

8

Supreme court

Fundamental rights ; General principles of constitutional law

Advisory opinion on the limits of State regulation of religious and linguistic minority schools

9

Supreme court

Civil rights ; General principles of constitutional law

Caps reservations at 50%. Caste is a starting point, not an endpoint, for defining social backwardness

10

Supreme court

General principles of constitutional law

Upholds the 17th Amendment. First formulation (in dissent) of the idea of unamendable basic features of the Constitution

11

Supreme court

Fundamental rights ; General principles of constitutional law

Copyright; Article I; free circulation of judicial decisions

12

Supreme court

Separation of powers ; Fundamental rights

Invalidation of the bank nationalisation ordinance. Turning point in the relationship between the judiciary and the Gandhi government

13

Supreme court

Fundamental rights

Invalidates the newsprint control policy. Consecrates freedom of the press as an essential dimension of freedom of expression

14

Supreme court

General principles of constitutional law ; Federalism ; Separation of powers

Foundational decision. Basic Structure doctrine