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India is a country that is full of surprises. Even after 70 years of independence, new landmark judgments are being passed that change the course of the nation. Some of these judgments are so important that they cannot be forgotten, and have left an indelible mark on Indian history. In this article, we will discuss three landmark judgments of the Indian Constitution- the restitution of conjugal rights case, the partition suitcase. The cases discussed in this article are of different dimensions ranging from the Right to freedom of speech and expression to the Right to privacy, from daughter’s right in partition suit to landmark judgment of restitution of conjugal rights, and lastly to decriminalization of homosexuality. These cases changed India forever, and shaped it into the country it is today.
What are the landmark judgments that changed India?
Romesh Thappar vs. State of Madras (1950) – It is one of the landmark cases on Article 19 relating to freedom of speech and expression. In this case, a weekly journal called Cross Roads was published and printed from Bombay in the English language. It was banned by the Madras government from entry and circulation. Petitioner challenged it in S.C. under Article 32 of the Indian Constitution. S.C. said that freedom of speech and expression includes the right to freedom of propagation of ideas and it is ensured by freedom of circulation. S.C. further said that it was violative of the petitioner’s fundamental right ensured under the Constitution.
Kesavananda Bharati Sripadagalvaru vs. State of Kerala (1973)- It is one of the landmark judgments on the basic structure of the constitution. It was given by the 13 judge bench of the Supreme Court. It was argued that the power of parliament to amend the constitution is limited and restrictive. S.C. by 7:6 majority said that parliament through constituent power can amend any provision of the constitution but induced a “Doctrine of Basic Structure ”. Further, S.C. said that parliament cannot amend the basic structure of the Indian Constitution and provided an illustrative list of basic elements.
Justice K.S. Puttaswamy (Retd.) v. U.O.I. (2017) – It is one of the landmark judgments that changed India in terms of privacy. In this case, the Government through the Aadhar Scheme collected biometrics of individuals. It was challenged before S.C. on the ground that it was violative of Fundamental Rights. S.C. said that Privacy is a constitutionally protected right arising from Article 21 of the constitution which guarantees life and personal liberty. Further, S.C. said that elements of privacy also arise from other fundamental rights as given in part III of the Indian Constitution.
Navtej Singh Johar v. Union of India (2018)- This case is one of the landmark judgments that changed India in terms of recognizing LGBTQ rights. In this case, the validity of S. 377 of IPC was challenged which criminalizes homosexuality. S.C. said that our constitution is a living document and is capable of expansion with changing needs and demands of society. So, S.C. held that the S. 377 of IPC is Unconstitutional to the extent that it criminalizes consensual sexual conduct between adults of the same sex.
What are the landmark judgments of restitution of Conjugal rights?
The landmark judgments of restitution of conjugal rights are as follows :
Harvinder Kaur v. Harmander Kaur (1984) – It is one of the landmark judgments of restitution of conjugal rights where for the first time Delhi High Court held that in a suit of restitution of conjugal rights, the purpose is only to give a chance to marriage, it nowhere means that unwilling wife should have sexual relations.
Saroj Rani V. Sudarshan Kumar (1984) – It is one of the landmark judgments of Restitution of conjugal rights. S.C. in this case held that the purpose of the decree of restitution of conjugal rights is to offer an inducement to husband and wife to live together and it does not mean that an unwilling wife should have sexual relations with the husband. The object is to provide cohabitation to estranged parties.
What are the partition suit landmark judgments?
The partition suit landmark judgments are as follows:
Prakash v. Phulavati (2016)- In this case, S.C. said that only living fathers’ daughters can become coparceners and no restorative would lie if the father died before the act came into force. Thereby S.C. gave no retrospective effect to Hindu Succession Act, 2005.
Vineeta Sharma v. Rakesh Sharma – (2020) It is one of the landmark judgments that changed India in terms of women’s rights. In this Case, S.C. said that daughters shall have equal rights to ancestral property even if their father died before 2005 before the coming of the Hindu Succession Act (2005) into force.
Conclusion
The Indian Constitution is a living document that has been amended and updated many times since it was first introduced in 1950. In recent years, the Supreme Court of India has made several landmark rulings that have clarified and strengthened the rights of Indian citizens. These judgments are important for students of law to understand, as they provide a foundation for understanding how the Indian legal system works.
