Supreme Court on Constitution

The Supreme Court held in Subhash Desai Vs. Principal Secretary, Governor of Maharastra (2023) 8 SCR 857 held that (i) Speaker is empowered to determine disqualification under 10th Schedule in the first instance , (ii) Political Party has to right to issue whip, (iii) Election Commission of India (ECI) and Speaker has concurrent power to determine award of symbol and disqualification respectively  (iv) Governor has wrongly called upon Mr. Uddhava Tackarey to prove confidence in the Legislative Assembly  and (v) referred Nabam Rebia Vs. Deputy Speaker (2016) 8SCC 1 to larger  Bench.

The Supreme Court in State of Punjab Vs Davinder Singh (Civil Appeal No. 2317/2011) held that sub-classification of Scheduled Castes is permissible under Article 15(4) and Article 16 (4) of the Constitution.

Justice Das in the State of West Bengal Vs. Anwar Ali Sarkar (1952) 1 SCR 284  propounded twins tests of permissible classification under Article 14  which has been followed in subsequent judgments and has become locus classicus

The Supreme Court in Naveen Jindal Vs Union of India (2004) 1 SCR 1038 held that right to fly the National Flag freely with respect and dignity is a Fundamental Right of  a citizen within the meaning of Article 19 (1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feeling and sentiments of pride for the nation.

The Supreme Court in I. C. Golak Nath Vs State of Punjab (1967) 2 SCR 762  held that Parliament has no power to amend Part III of the Constitution so as to take away or abridge the Fundamental Rights. This judgment overruled Sri Sankari Prasad Deo Vs Union of India (1959) SCR 89  and Sajjan Singh Vs State of Rajasthan  (1965) SCR (1) 933  but itself was subsequently overruled in Kesavanand Bharati Vs State of Kerala  AIR 1973 SC 1461.