Article 102, Constitution

57 Landmark Constitutional Cases: Complete Notes

About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…

411 min read 16 Oct 2026

First, let us understand the basic meaning. India's Constitution already lists specific reasons a person cannot become a Member of Parliament under Article 102 . But what happens when a serious social problem — people facing serious criminal charges contesting and winning elections, then going on t…

A five-judge Constitution Bench of the Supreme Court held that Article 75(1) of the Constitution does not contain any implied bar against appointing a person facing criminal charges as a minister. Until there is a conviction, the courts cannot add such a disqualification, because that is Parliament's job. However, the Court expressed a strong constitutional expectation that the Prime Minister and Chief Ministers will not appoint people facing charges of heinous crimes or corruption. The case matters because it shows judicial restraint, the idea of constitutional silence, and the Prime Minister's role as a constitutional trustee.

After the 2005 cash for query sting operation, both Houses of Parliament expelled eleven M.P.s. A five-judge Constitution Bench of the Supreme Court held by a 4:1 majority that Parliament has the power under Article 105(3) to expel a member for serious misconduct, and upheld the expulsion. It also held that such privilege decisions are subject to judicial review for illegality, though not for mere procedural irregularity. The case is a landmark on the balance between parliamentary privilege and judicial review.