Abstract
Since 1950, the Supreme Court of India has protected the Constitution and Fundamental Rights. Using its powers under Articles 32 and 136, it has checked the government and made justice easier for citizens to reach. This article looks at five landmark judgments that show this role.
In the landmark and historic case i.e. Kesavananda Bharati, the Court held that Parliament can amend the Constitution but cannot destroy and amend the its Basic Structure of the Constitution. In the case of Maneka Gandhi, it was held that any procedure affecting life or personal liberty it must be fair, just and reasonable. In Minerva Mills, it limited the Forty-Second Amendment and said Fundamental Rights and Directive Principles must be balanced and created the clear distinction between them. In Vishaka case, the Hon’ble Court issued guidelines on sexual harassment at work, which led to the enactment of the 2013 Act. In Shayara Bano, case the a five-judge Bench struck down instant triple talaq by a three-to-two majority. The article concludes that these judgments shaped Indian constitutional law and show the Hon’ble Supreme Court’s plays an active role in protecting rights.
Keywords: Supreme Court of India, Basic Structure Doctrine, Article 21, Judicial Review, Judicial Activism