How the Supreme Court has shaped the landscape of rights in India.
Overview
Indian civil rights law has been profoundly shaped by judicial interpretation. The Supreme Court,
through its creative and expansive readings of constitutional provisions, has transformed the
landscape of rights in India. These judgments are not merely legal precedents; they are the
building blocks of Indian constitutional morality.
Structural & Doctrinal
Kesavananda Bharati v. State of Kerala (1973): Established the
"Basic Structure Doctrine," holding that Parliament cannot amend the Constitution in a way that
alters its fundamental features — including judicial review and Fundamental Rights. This
judgment remains the bulwark against legislative overreach.
Citation: AIR 1973 SC 1464; (1973) 4 SCC 225
Minerva Mills v. Union of India (1980): Reinforced the Basic Structure
Doctrine and held that Fundamental Rights and Directive Principles are complementary; neither
can be sacrificed to the other. Struck down parts of the 42nd Amendment that sought to immunize
constitutional amendments from judicial review.
Citation: AIR 1980 SC 1789; (1980) 3 SCC 625
Rights Expansion
Maneka Gandhi v. Union of India (1978): Expanded the scope of
Article 21 (right to life and personal liberty) by reading in the principles of natural justice
and "due process." Held that the right to travel abroad is a part of personal liberty and that
any law depriving a person of liberty must be fair, just, and reasonable.
Citation: AIR 1978 SC 597; (1978) 1 SCC 248
Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): Unanimously
declared the right to privacy as a Fundamental Right under Articles 14, 19, and 21. This
nine-judge bench overruled earlier precedents and laid the foundation for data protection law
in India.
Citation: (2017) 10 SCC 1
Navtej Singh Johar v. Union of India (2018): Decriminalized
consensual same-sex relations by striking down Section 377 of the Indian Penal Code to the
extent it criminalized adult consensual sexual conduct. The judgment invoked constitutional
morality, dignity, and the right to identity.
Citation: (2018) 10 SCC 1; AIR 2018 SC 4321
Common Cause v. Union of India (2018): Recognized the right to die
with dignity as part of Article 21, legalizing passive euthanasia and advance medical directives
(living wills) under strict safeguards.
Citation: (2018) 5 SCC 1
Electoral & Democratic Rights
Anoop Baranwal v. Union of India (2023): Mandated a committee
comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India
(or their nominees) for the appointment of the Chief Election Commissioner and Election
Commissioners, strengthening the independence of the Election Commission.
Citation: (2023) 4 SCC 1
S.R. Bommai v. Union of India (1994): Laid down the framework for
judicial review of President's Rule under Article 356, holding that secularism is part of the
basic structure and that the Centre cannot dismiss state governments arbitrarily.
Citation: AIR 1994 SC 1918; (1994) 3 SCC 1