19.1Constitutional Law: Recent Cases#
In brief
Case Year Court Key Holding Anuradha Bhasin v. Union of India 2020 SC (3-judge) Internet shutdown orders must be published; internet access is part of Art. 19(1)(a) and Art.…
| Case | Year | Court | Key Holding |
|---|---|---|---|
| Anuradha Bhasin v. Union of India | 2020 | SC (3-judge) | Internet shutdown orders must be published; internet access is part of Art. 19(1)(a) and Art. 19(1)(g); indefinite suspension of internet violates Constitution |
| Arnab Ranjan Goswami v. Union of India | 2020 | SC (2-judge) | Art. 21 protects liberty of the press; HC cannot refuse bail without reasons where criminal prosecution is an attempt to throttle free speech |
| Election Commission of India v. M.R. Vijayabhaskar | 2021 | SC | ECI's decisions are open to judicial review; SC can examine conduct of ECI under Art. 324 |
| Arup Bhuyan v. State of Assam (reconsideration) | 2023 | SC (5-judge) | Overruled earlier view; mere membership of a banned organisation is an offence under UAPA; individual acts not required |
| Supriyo v. Union of India | 2023 | SC (5-judge Constitution Bench) | No fundamental right to same-sex marriage under the Constitution; Parliament/State Legislatures alone can legislate on marriage; Special Marriage Act not read down |
| Government of NCT of Delhi v. Union of India | 2023 | SC (5-judge Constitution Bench) | Delhi government has legislative and executive power over 'services' (Entry 41, List II); LG acts on Cabinet advice on services; Centre overrode this by Constitution (Amendment) Act 2023 — Constitution (105th Amendment) |
| Subhash Desai v. Principal Secretary, Governor of Maharashtra | 2023 | SC (5-judge) | Governor cannot act on extraneous political considerations in summoning/dissolving Assembly; Governors must act on CM's advice in summoning; disqualification decisions of Speaker subject to judicial review — referred to larger bench on some issues |
| Prashant Kumar Mishra v. Bar Council of India | 2023 | SC | Advocates enrolled in one State Bar Council can practise throughout India — Section 30 of Advocates Act, 1961 is self-executory |
| Centre for Public Interest Litigation v. Union of India (Electoral Bonds) | 2024 | SC (5-judge Constitution Bench) | Electoral bonds scheme struck down as unconstitutional — violates voters' right to information under Art. 19(1)(a); anonymous political funding violates transparency; SBI directed to disclose all details to ECI |
| Sita Soren v. Union of India | 2024 | SC (7-judge Constitution Bench) | Overruled P.V. Narasimha Rao (1998); MPs/MLAs who take bribes to vote or ask questions in legislature cannot claim protection of Arts. 105(2) and 194(2) respectively; bribery is NOT a legislative act |
| Ashwini Kumar Upadhyay v. Union of India (Waqf Amendment) | 2024–2025 | SC | Waqf (Amendment) Act, 2025 challenged; SC issued notice; arguments ongoing — raised issues under Arts. 14, 25, 26 and right of Muslim minorities |
| Re: Article 370 (Dr. Farooq Abdullah Case) | 2023 | SC (5-judge) | Upheld abrogation of Art. 370 by Presidential Order; Art. 370 was a temporary provision; President acting with Parliament's approval had the power; J&K's statehood must be restored — timeline to be fixed |
| Anoop Baranwal v. Union of India (ECI Appointments) | 2023 | SC (5-judge Constitution Bench) | SC directed that appointment of CEC and ECs shall be by a committee comprising PM, Leader of Opposition, and CJI — till Parliament enacts law; Parliament then enacted CEC Act 2023 removing CJI — Act challenged |
| In Re: Criminalisation of Politics (ADR v. Union of India) | 2023–2024 | SC | Candidates with pending criminal cases must publish information on their website, social media, and local newspaper; political parties must explain reason for fielding such candidates |
| Setalvad v. Union of India | 2022 | SC | Upheld CBI investigation into Zakia Jafri complaint on 2002 Gujarat riots; SC cautioned against abuse of process to reopen settled matters |
| Vivek Narayan Sharma v. Union of India (Demonetisation Case) | 2023 | SC (5-judge) | Demonetisation of Rs. 500/1000 notes (November 2016) upheld by 4:1 majority; RBI recommendation preceded Centre's decision; dissent by Justice B.V. Nagarathna — procedure not followed |
| Bilkis Bano v. Union of India | 2024 | SC (2-judge) | Gujarat government had no jurisdiction to grant remission in the Bilkis Bano rape case (offence against Central law); remission orders quashed; convicts directed to surrender |
| Devika Biswas v. Union of India | 2016 | SC | Coercive sterilisation camps violate Art. 21; right to reproductive autonomy is part of Art. 21 |
| Justice K.S. Puttaswamy v. Union of India (Aadhaar-2) | 2018 | SC (5-judge) | Aadhaar upheld as constitutional for government benefits; struck down for private entities, mobile authentication, schools; dissent on Money Bill certification by Justice Chandrachud |
| Vineeta Sharma v. Rakesh Sharma | 2020 | SC (3-judge) | Daughter's right to be coparcener under Hindu Succession Act (as amended 2005) is applicable even if father died before 2005 — right is by birth, not dependent on father's survival |
| Manish Kumar v. Union of India | 2021 | SC | Insolvency and Bankruptcy Code (IBC) amendments upheld; pre-packaged insolvency resolution process for MSMEs valid |
| State of Tamil Nadu v. Governor of Tamil Nadu | 2023–2024 | SC | SC issued unprecedented mandamus to Governor of Tamil Nadu to act on Bills pending assent within a fixed time; later Governor referred Bills to President — SC held Governor cannot indefinitely withhold or refer Bills without reason; laid down time limits for gubernatorial action |