Constitutional Legal Developments -Part 1

IAS NEXT has compiled all the Landmark Judgements and Case Laws passed by the Supreme Court of India in recent time. This compilation would help the aspirants to fill the gap while studying Indian Polity text book and the Indian Constitution and for those who are sitting in the pcs j exam. A fair knowledge about various judgements can be fruitful in writing mains answers that demand constitutional perspectives.

• Constitutional law stands as the highest authority, delineating and organizing the roles of the three state organs – Legislature, Executive, and Judiciary. It allocates powers between parliaments and state legislatures, preventing encroachments and allowing for supplementation.
• It interprets itself and the minds of the constitution makers for the better delivery of justice and advancement of righteousness. Constitutional law regulated the administration of the State and lays down the relationship between the state and its citizen.
• History has witnessed various landmark cases where constitutional law was in question and how justifiably it was interpreted. Some of them were- Kesavananda Bharati case, A.K Gopalan vs. State of Madras, Golak Nath case and so on.

LGBT Community in India

Naz Foundation vs. Govt. of NCT of Delhi (2009): Delhi High Court struck off section 377, legalising consensual homosexual activities between adults.

Suresh Kumar Koushal Case (2013): The Supreme Court overturned the Delhi High Court’s 2009 judgment, stating that the “plight of sexual minorities” couldn’t be a basis for deciding the law’s constitutionality.

Justice K.S. Puttaswamy vs. Union of India (2017): SC ruled that Fundamental Right to Privacy is intrinsic to life and liberty and thus, comes under Article 21 of the Indian constitution. It held that “sexual orientation is an essential attribute of privacy”.

Navtej Singh Johar vs. Union Of India (2018): Dismissed the position taken by SC in Suresh Kumar Koushal case (2013) and decriminalised homosexuality.

Transgender Persons (Protection of Rights) Bill, 2019: The Parliament passed the criticized Transgender Persons (Protection of Rights) Bill, 2019, displaying a poor understanding of gender and sexual identity.

Same-sex Marriage: In Feb 2021, India’s Central Govt opposed same-sex marriage in Delhi High Court, stating that marriage is only recognized between a “biological man” and a “biological woman” able to have kids.

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What is a Private Member Bill?

Any MP who is not a minister is referred to as a private member. Its drafting is the responsibility of the member concerned. Its introduction in the House requires one month’s notice.

• Members can introduce and discuss government/public bills any day of the week, while private members can do so only on Fridays. A ballot system decides the order for multiple bills.
• The Parliamentary Committee categorizes Private Member’s Bills and Resolutions by urgency and importance.
• Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation. After the discussion, the bill’s sponsoring member can withdraw it at the minister’s request or proceed with its passage.

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