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Anuradha Bhasin

Supreme Court of India · 2020

The Supreme Court held that freedom of speech and expression and the freedom to carry on a profession, trade or business through the internet are protected under Article 19(1)(a) and 19(1)(g), and can be restricted only within Article 19(2) and 19(6). It ruled that internet suspension can only be temporary, that restriction orders must be published, that Section 144 CrPC cannot be used to suppress legitimate dissent, and that all restrictions must pass the proportionality test. It is the leading case on digital rights and internet shutdowns in India.

Constitutional Law II

First Judges Case

Supreme Court of India · 1981

In S. P. Gupta v. Union of India (1981), a seven-judge bench of the Supreme Court held that 'consultation' with the judiciary in appointing judges does not mean 'concurrence'. Consultation is mandatory and must be full and effective, but the final decision rests with the President acting on the advice of the Council of Ministers. The case also widened locus standi, laying a foundation for public interest litigation, and linked the right to know to Article 19(1)(a). It was later overruled by the Second Judges Case of 1993.

Constitutional Law II

A seven-judge Constitution Bench of the Supreme Court held, by a majority of five to two, that the Council of Scientific and Industrial Research (C.S.I.R.) is "State" under Article 12 because the government controls it deeply and pervasively in financial, functional and administrative matters. The Court overruled the earlier Sabhajit Tewary decision. The case gave the leading test for deciding when a body counts as "other authority" under Article 12, and the test looks at substance, not form.

Constitutional Law II

Ashok Kumar Thakur

Supreme Court of India · 2008

A five-judge Constitution Bench of the Supreme Court upheld the Ninety-third Constitutional Amendment, which inserted Article 15(5), and the Central Educational Institutions Reservation in Admission Act, 2006, including 27% O.B.C. reservation in central institutions such as I.I.T.s, I.I.M.s and central universities. It held that the creamy layer must be excluded from O.B.C. reservation, but not from S.C./S.T. (as the law stood then). It also held that excluding minority institutions does not violate Article 14. The case is a key decision on balancing reservation in higher education with merit, equality and the basic structure.

Constitutional Law II

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Constitutional Law I

CLAT PG 2018 Solved Question Paper with Explanations

These notes work through the CLAT PG 2018 question paper, solved question by question. The full paper has 150 numbered questions, and the notes cover every one of them, including the questions that were officially omitted from scoring. For each question you get the options, the answer given in the…

142 min read

Public International Law Case compilation

Important Case Laws of Public International Law: Lecture Notes

Landmark cases of public international law, arranged around the sources of international law and the law of treaties: international custom (general, regional and local), general principles of law, acquiescence and estoppel, good faith performance of treaties ( pacta sunt servanda), reservations…

103 min read

Law of Contract I (General Principles) Case compilation

30 Important Contract Law Cases

Decided by the Privy Council in 1893. It is an important case on the difference between an offer and a reply that merely gives information. That difference decides whether a binding contract exists. The central question: can someone force you to sell land just because you have told them its lowest…

105 min read

Constitutional Law I Case compilation

30 Important Constitutional and Administrative Law Cases

The central question: can a State Government lease protected tribal land to a private mining company simply because the Government owns the land? The question concerns much more than mining. It concerns the meaning of legal protection for communities whose land is especially vulnerable.

95 min read

Civil Procedure (CPC, 1908) Case compilation

Important Case Laws under the Code of Civil Procedure, 1908

Salem Advocate Bar Association, Tamil Nadu v. Union of India (2005): the Bar Association challenged the CPC amendments of 1999 and 2002. Held: the amendments were upheld and read in a practical way; the 90-day limit for the written statement is directory, the three-adjournment limit yields to…

98 min read

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